HomeMy WebLinkAboutAgreement_General_09/14/2017_Tanner Industries 1
VILLAGE OF TEQUESTA
CONTRACT FOR ANHYDROUS AMMONIA
THIS CONTRACT FOR ANHYDROUS AMMONIA, hereinafter "Agreement", is
entered into and effective this (y day of September 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 TANNER INDUSTRIES, INC., a Foreign profit
corporation,whose office is located at 735 Davisville Road, 3rd Floor, Southampton,Pennsylvania
18966,hereinafter"the Contractor"and collectively with the Village, "the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the Parties,hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the
Contractor shall provide anhydrous ammonia for the Village on an as-needed basis.The Parties
agree to enter into this Agreement and piggyback for the services at the prices described in the
Contractor's April 2, 2015 contract for anhydrous ammonia with the City of Delray Beach,
awarded through Bid No. 2015-09. Said contract is hereby fully incorporated into this
Agreement and is attached hereto as Exhibit"A". Authorization to piggyback is hereby fully
incorporated into this Agreement and is attached hereto as Exhibit`B".
2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be
pursuant to the unit price provided in the Schedule of Pricing (in Exhibit "A"). The Village
shall request services from the Contractor on an "as needed"basis throughout the term of the
City of Delray Beach Contract which currently runs through April 2,2018. Prices shall remain
firm for the duration of the Agreement. The Village shall pay the Contractor upon Contractor's
completion of, and the Village's acceptance of, the services required herein as specified in
Exhibit A.
TERM CONTRACT FOR ANHYDROUS AMMONIA
3. INDEMNIFICATION; INSURANCE: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 to the extent arising out of any error, omission, negligent act or
intentionally wrongful conduct or misconduct of the Contractor, its agents, servants, or
employees in the performance of services under this Agreement, to the same extent that it has
agreed to indemnify Palm Beach County pursuant to Exhibit A.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.133,
Florida Statues,by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it,its affiliates, suppliers, subcontractors and consultants who will
perform hereunder,have not been placed on the convicted vendor list maintained by the State
of Florida Department of Management Services within thirty-six (36) months immediately
preceding the date hereof. This notice is required by section 287.133(3)(a),Florida Statutes.
5. TERM; TERMINATION: Pursuant to the City of Delray Beach Contract, the original
contract term expires on April 2, 2018. In the event that the City of Delray Beach Contract is
extended beyond April 2,2018,then the Parties may likewise extend this Agreement upon the
same terms and conditions as the City of Delray Beach Contract extensions. This Agreement
may be terminated by the Village or the Contractor upon thirty(30) days written notice to the
either the Village or Contractor.
6. NOTICE:
Notice required by this Agreement shall be considered sufficient when sent by certified mail
or hand delivered to the Parties during regular business hours at the following addresses:
As to THE VILLAGE As to THE CONTRACTOR
Village of Tequesta Tanner Industries,Inc.
345 Tequesta Drive 735 Davisville Road, 3rd Floor
Tequesta, Florida 33469 Southampton,Pennsylvania 18966
Attn:Director of Utilities Attn:Matt Tanner
7. 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 Agreement is not a contract for employment and that no relationship of
employee—employer or principal—agent is or shall be created hereby, nor shall hereafter exist
by reason of the performance of the services herein provided,
Page 2 of 5
TERM CONTRACT FOR ANHYDROUS AMMONIA
8. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in
accordance with the laws of the State of Florida,and venue shall be in Palm Beach County, or
the United States District Court in and for the Southern District of Florida should any dispute
arise with regard to this Agreement.
9. AMENDMENTS &ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and
required insurance certificates constitute the entire Agreement between both Parties; no
modifications shall be made to this Agreement unless in writing,agreed to by both Parties, and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign
the services and provision of goods called for in this Agreement without prior written consent
of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the
Office of the Inspector General has jurisdiction to investigate municipal matters, review and
audit municipal contracts and other transactions, and make reports and recommendations to
municipal governing bodies based on such audits,reviews,or investigations. All parties doing
business with the Village shall fully cooperate with the inspector general in the exercise of the
inspector general's functions, authority, and power. The inspector general has the power to
take sworn statements,require the production of records,and to audit,monitor,investigate and
inspect the activities of the Village, as well as contractors and lobbyists of the Village in order
to detect,deter,prevent,and eradicate fraud,waste,mismanagement,misconduct, and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.0701,Florida Statutes, the Contractor
must keep and maintain this Agreement and any other records associated therewith and that
are associated with the performance of the work described in the Proposal or Bid. Upon
request from the Village's custodian of public records,the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village, or fails to make
them available for inspection or copying,within a reasonable time may be subject to attorney's
fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec.
119.10,Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential
records associated with this Agreement or associated with the performance of the work
described in the Proposal or Bid are not disclosed except as authorized by law for the duration
Page 3 of 5
TERM CONTRACT FOR ANHYDROUS AMMONIA
of the Agreement term, and following completion of the Agreement if the Contractor does not
transfer the records to the Village. Finally,upon completion of the Agreement,the Contractor
shall transfer, at no cost to the Village, all public records in possession of the Contractor, or
keep and maintain public records required by the Village. If the Contractor transfers all public
records to the Village upon completion of the Agreement, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Agreement, the Contractor shall meet all applicable requirements for
retaining public records. Records that are stored electronically must be provided to the Village,
upon request from the Village's custodian of public records,in a format that is compatible with
the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR
AT lmcwilliams(a,teguesta.org, OR AT 345 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and
Page 4 of 5
TERM CONTRACT FOR ANHYDROUS AMMONIA
year first above written.
WITNES S• BANNER INDUSTRIES, INC.
Position:
(Corporate Seal)
VILLAGE OF TEQUESTA ,
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ATTEST: igail renn ayor
In( l� ""'CaE OFT'' Seal
Lori McWilliams, MMC
Village Clerk
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•/NCoRPp
ATED:• �r
4, 1951
FLO
Page 5 of 5
Ex. A
d
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STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
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THIS AGREEMENT made this day of , 2015, by and between t
the CITY OF DELRAY BEACH (hereinafter called CITY) and Tanner Industries, Inc.
(hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter
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set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements pursuant to
all covenants and conditions.
1. The CONTRACTOR, as evidenced by the execution of this contract, I
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acknowledges that it has examined the physical characteristics of the job requirements. The
CONTRACTOR further acknowledges that the bid price includes all costs and expenses
required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the following
documents which are attached hereto and incorporated herein by reference of the following:
CONTRACT DOCUMENTS PAGE NUMBERS
Invitation to Bid 1-2
Table of Contents 3
General Conditions, Instructions and Information 4-8
Indemnity/Hold Harmless Agreement 9
Cone of Silence 10
Drug Free Work Place Certification 11
Insurance Requirements/Sample Forms 12-15
Standard Form of Agreement 16-21
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Corporate Acknowledgment 22 y
Certificate(If Corporation) 23
Terms and Conditions 24-26
Standard Specification-Anhydrous Ammonia 27
Schedule of Pricing 28
Professional References 29 k
Bid Signature Form 30
Statement of No Bid 31 a
Bid Submittal Checklist 32
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Bid#2015-09 Addendum No. 1 16 1 I' a �;e
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Addenda numbers_0 to-0 inclusive, and any modifications, including Change
Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date indicated on the Notice to
Proceed.
5. This agreement shall be governed by the laws of the State of Florida as Now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
6. All notices, requests, demands, and other given if personally delivered or mailed, s
certified mail, return receipt requested, to the following addresses: ;
As to City: City of Delray Beach, FL
100 NW 1 st Avenue
Delray Beach, FL 33444
As to CONTRACTOR: Tanner Industries, Inc.
735 Davisville Road, 3'd Floor 9
Southampton, PA 18966
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7. The CONTRACTOR shall not, without prior written consent of the CITY, assign
any portion of its interest under this contract and, specifically, the CONTRACTOR shall not
assign any moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all covenants,
agreements and obligations contained in the contract documents.
Bid#2015-09 Addendum No. 1 171 p a e
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9. In consideration of ten dollars ($90.00) and other valuable consideration, the
CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and
employees, from or on account of any liabilities, damages, losses and costs received or
sustained by any person or persons by or in consequence of any negligence (excluding the
sole negligence of the CITY), recklessness or intentional wrongful misconduct of the
CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the
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performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional
wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities,
damages, losses or costs caused by or on account of the use of any improper materials.
CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also
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includes but is not limited to the violation of any Federal, State, County or City laws, by-laws,
ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or
employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY
from all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against the CITY on account of any claims, fees, royalties, or
costs for any invention or patent, and from any and all suits and actions that may be brought
against the CITY for the infringement of any and all patents or patent rights claimed by any
person, firm, or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at his
own expense or to provide for such defense, at the CITY'S option, any and all claims or
liability and all suits and actions of every name and description that may be brought against
the CITY which may result from the operations and activities under this Contract whether the
construction operations be performed by the CONTRACTOR, his subcontractor or by anyone
Bid 92015-09 Anhydrous Ammonia 181
Fa�,ye
directly or indirectly employed by either. This indemnification includes all costs and fees
including attorney's fees and costs at trial and appellate levels.
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The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
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provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes
said consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the CITY. _.
11. PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records
laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR
agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required by s
the City.
b) Provide the public with access to public records on the same terms and conditions
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that the City would provide for the records and at a cost that does not exceed the costs
provided in Chapter 119, Fla. Stat. or as otherwise provided by law.
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the City
all records in possession of the CONTRACTOR at the termination of the contract and destroy
any public records that are exempt or confidential and exempt from public records disclosure
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requirements. All records stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City. All records shall be
transferred to the City prior to final payment t being made to the CONTRACTOR.
Bid#r2015-09 Anhydrous Ammonia 191
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e) If CONTRACTOR does not comply with this section, the City shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel this contract in
accordance with state law.
12. INSPECTOR GENERAL: Contractor is aware that the Inspector General of
Palm Beach County has the authority to investigate and audit matters relating to the I
negotiation and performance of this contract, and may demand and obtain records and
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testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor
understands and agrees that in addition to all other remedies and consequences provided by
law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully
cooperate with the Inspector General when requested maybe deemed by the City to be a
material breach of this Agreement justifying its termination.
13. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or
obligation under this Agreement if such performance is prevented by fire, hurricane,
earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor
disputes, riot or civil commotions, or by reason of any other matter or condition beyond the '
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control of any panty, and which cannot be overcome by reasonable diligence and without s
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unusual expense ("Force Majeure'). In no event shall a lack of funds on the part of any party `
be deemed Force Majeure.
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14. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed written
instrument
Bid N2015-09 Anhydrous Ammonia 201
Page
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST.- CITY OF DELRAY EACH, FLORIDA
ter._
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ey:
City Clerk . Gtickstein, Mayor
Approved as to form:
City Attorney
WITNESS: CONTRA C TOR:
- ai�i ri) ` �'�.°ip��i�,3 'irtis ; ' 'F�:As"•ji-�•r -'}• .. '. -. . � _ ,�._
(Print or type name and title) (Print or type name and title)
(SEAL)
Bid#2015-09 Anhydrous Ammonia 21
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CORPORATE ACKNOWLEDGMENT
STATEOF
COUNTY of
The foregoing instrument was acknowledged before me this day of
Mr'eck* 20 I-S by (name of
-'A o'ri VW- 6,
officer or agent, title of officer or agent), Of T741 (state
or place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used his/her
(type of identification) as identification.
124
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Signafure of Person"Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
COMMONWE i OF r PENNSYLVANIA
Notarial Seal
Edward I Coffer, Notary Public
Upper Southampton Twp., Bucks County
MY Commission Expires April 15,2017
mmmft,KNN5YLVANIA ASSOCIATION OF tioTARIES
Bid#2015-09 Anhydrous Ammonia 221
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CERTIFICATE
(If Corporation)
STATE OF FLORIDA ) 4
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COUNTY OF )
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I HEREBY CERTIFY that a meeting of the Board of Directors of ":►e,ti �?_ A
a corporation under the laws of the State of
G'-f L i;' held on Ill#14c rf G , 20 it, the following resolution was
duly passed and adopted:
`RESOLVED'; that as ! c 6/,/,'-
President of the corporation, he/she is hereby authorized to execute the Agreement
dated_ l� j;;'�'4'f 20 t` between the City of Delray Beach, Florida and this
corporation, and that his execution thereof, attested by the Secretary of the Corporation and '
with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official r
seal of the corporation this r'ii:( day of 20
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(Secretary
(Seal)
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Bid 02015-09 Anhydrous Ammonia 23 �
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CITY OF DELRAY REACH
TERMS AND CONDITIONS �
BID No. 2014-09
ANHYDROUS AMMONIA ANNUAL CONTRACT
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A. PURPOSE: The purpose and intent of this "Invitation to Bid"is to seek competitive bids for furnish and °
delivery of the chemical Anhydrous Ammonia (NH3) (Metallurgical or Premium Grade (99.995%pure) to be
use by the City's Water Treatment System,
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Service and good quality are of primary concern, Bidders with low standards for either service or quality will
be judged to be non-responsible and their bids non-responsive, No bid will be accepted if it offers lower
standards of material and/or quality than is described herein,
B. COMPETENCY OF BIDDERS: Pre-award inspection of the bidder's facility may be made prior to award of
Contract. Bids will be considered only from firms which are regularly engaged in the business of providing
the goods and/or services described in this Bid and who can provide evidence of financial support, and that
they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they
can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment I
and organization" as used herein sha/l be construed to mean a fully equipped and well-established
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company in line with the best business practices in the industry and as determined by the proper authorities
of the City. }
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C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall not be deemed to be
awarded and validly entered into between the successful bidder(s) and the City until written notice has been
given to the awarded vendor(s)by the City through its authorized agent, and purchase order shall be issued
to the Bidder(s) covering same. An award shall be made on the basis of lowest total bid per item to the x
responsible bidder(s) meeting specifications. Tie bids shall be decided by individual participating entities.
D. CONTRACT TERM: Term of Contract shall be three (3)year commencing on/or about notification of award
and expiring one year thereafter. The City reserves the right to renew the contract for an additional one (1) c
consecutive term of one (9)year period per paragraph#22 of the General Conditions. `
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E, FIRM PRICE: The City requires a firm fixed price on the unit prices as bid for the contract period. F
NOTE; YOUR UNiT COST AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE
SPECIFIED IN THE SCHEDULE OF PRICING
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F. DEFAULT OF CONTRACT: The City may, by written notice to the successful Sidder(s), terminate their
contracts if the Bidder has been found to have failed to perform his service in a manner satisfactory to the {
City as per specifications as stated herein, or fails to meet the City's performance standards. The City shall be
sole judge of non-performance. 4
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G. QUANTITIES: Quantities stated are for Bidder(s) guidance only and no guarantee is given or implied as to {
quantities that will be used during the contract period. Estimated quantities are based upon previous needs
and estimated usage for the twelve (12)month period. Said estimated quantities may be used for the purpose
of evaluating the low bidder meeting specifications by the entities.
H. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items
specit<ed. Accordingly an escalatoNde-escalator clause will be accepted only under the following conditions: R
(a) Price increase(s) and price decrease(s) comparable to documented manufacturer's price changes.
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(b) Receipt of proper notification to Purchasing, in writing, of all items affected by price
increases/decreases,
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Bid 42015-09 Anhydrous Ammonia 241
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SQHEOYLE OF PRICING �
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BID No. 2015-09
ANHYDROUS AMMONIA ANNUAL CONTRACT c
♦BID FORM All Bidders shalt submit pricing in the format requested
ANHYDROUS AMMONIA BULK: S.79 Per lb. X 65,000 lbs. = S 51350.00
A. Anhydrous Ammonia annual estimated usage: 65,000 Pounds
B. Quantities shown are for estimating purposes only, not a guarantee of actual usage,ordered on an "as
needed" basis.
C. Per pound pricing should be all inclusive,delivery,freight,etc.
D. Metallurgical or Premium Grade(99.995%pure)Anhydrous Ammonia r
E. NSF Certified
F. Certificate of Analysis provided with deliveries
G. Delivery hours:7:00 A.M.to 4:00 P.M., Monday thru Friday(except legal holidays)
H. City Contact:John Bullard,Water Treatment Manager
I. Delivery Address:201 SW 7 h Street, Delray Beach, FL 33444 4
J. Invoice Terms:Thirty(30)days from day of delivery and acceptance
K. All prices are to remain firm. i
L. Awarded contractor shall be responsible for transferring the product from transport vehicle to the City
of Delray Beach storage vessel. '
M. Bidder shall specify minimum shipping amount If any: 2,000 pounds
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NOTE:The Water Treatment Plant has a 1,000 gallon tank. Therefore,the ammonia delivered maybe LESS
THAN TRUCK LOAD QUANTITIES.
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1_ Does bidder certify the tank acceptable for delivery and storage of anhydrous ammonia? t
C9 YES ❑ No
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2. Certification attached DI YES ❑ NO r
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3. Rehabilitation Cost to meet tank service certification: Lump Sum$
Comments/Exceptions:
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1QINT BIDDING,CO-OPERATIVE PURCHASING AGREEMENT: i
Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County
Governmental agencies. ® YES ❑ NO
VENDOR NAME: TANNER INDUSTRIES, INC.
Bid#2015-09 Addendum No. 1 28 I P s g e
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---- PROFESSIONAL REFERENCES �
BID No. 2014-09
ANHYDROUS AMMONIA ANNUAL CONTRACT
*Please complete this page or attach your reference page to this sheet.
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Bid P2015-09 Anhydrous Ammonia 291
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CITY OF DELRAY
RID SIGNATURE FORM
BID No. 2014.09
ANHYDROUS AMMONIA
PLEASE AFFIX SIGNATURE WHERE INDICATED
FAILURE TO DO SO SHALL BECAUSE FOR REJECTION OF YOUR PROPOSAL)
The undersigned bidder certifies that this bid package Is submitted in accordance with the specification to its entirety s
and with Nil understanding of the conditions governing this bid.
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NAME OF BIDDER
➢ Name as registered with their State ofa, p�-� , S
on in ! F� l" VS�1�
BUSINESS STREET ADDRESS
Y P.O.Box address not pennitted
CITY STATE ZIP CODE' S'O C! ► {� r" I 1
MAILING ADDRESS: Check if same as Business address above.
BUSINESS MAILING ADDRESS
CITY STATE ZIP CODE
AUTHORIZED SIGNATURE(Written)
PRINT NAME
TITLE (of person si iigg Fonn)
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DATE
TELF.PRONE NIJMBER -zz- -I—
FAX NUMBER
EMAIL ADDRESS S' OS/>G. lri_/Or
PLACEMENT
REP FOR ORDER
MENT NAME C Cl�rroi� yV`
TELEPHONE / CELL NUMBER
FAX
EMAIL ADDRESS
Bid#2015-09 Anhydrous Ammonia 301
TAN N ER INDU$1P---.ES -
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3C13gO i ETA SIPE IIrICITIONO
WttaluvwiaeS Giads
Ammonia (NM Assay 99. 9965$ Minimum
Ammonia. M16) -Assay 99. 999 % Typical
Water
33 ppm Maximum
Water <10
PPm Typical
011 2 PPm Maximum
Oil
1 -ppm, Typical
Revision Jtine li 2001
Supercedes : July 1997
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DIVISIONS.
NATIONAL AMMONA.'BOWER AMMONIA AND CHEMICAL, NORTHEASTERN AMMONIA, HAMLER INDUSTRIES
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NSA` International
RECOGNIZES
TANNER INDUSTRIES, INC.
Plant at: APOPKA, FL
AS COMPLYING WITH NSF/ANSI 60.
PRODUCTS APPEARING IN I'Hh NSF OFFICIAL LISTING ARE
AUTHORIZED TO BEAR THE NSF NURK.
Ds 111c A.—A4r4d 1,.01
Arrmium Itoo-A Mx x&LvumM
i,dic Frejivrt)-of-W- Intrawfi4."il vUA wwl t k-o ipturred tip-.-in reque-s[, vprii,V rerh6ci-mn ra]'401 MARK or z 1-14 70-)'4-1W
March 11,2002 James IL Is-schoi.Geiwrai'Ma der
Ccrliftcat&Ot.261 -01 timer Diwibuiion Systems
MATEMAL SAFETY DA NIAASI�EET
ANHYDROUS AMMO
DISTRIBUTORS:
T I TANNER INDUSTRIES, INC.
DIVLSIONS:
NATIONAI.AMMONIA NORTHEASTERN AMMONIA
HAMI.ER INDUSTRIES BOWLER AMMONIA&CHEMICAL
735 Davisville Road,Third Floor,Southampton,FA 18966;215-322-1238 k
CORPORATE EMERGENCY TELEPHONE NUMBER: 800-643-6226 CHEMTR>:C: 800-4249300
DESCRIPTION
CAS REGISTRY NO:7664-41-7
CHEMICAL NAME:Ammonia,Anhydrous HEMICAL FAMILY:Inorganic Nitrogen Compound
SYNONYMS: Ammonia MOL.WT: 17.03(NH COMPOSITION: 99+.Ammonia
FORMULA: NH
STATEMENT OF HEALTH HAZARD
HAZARD DESCRIPTION: rapidly
Ammonia is an irritant and corrosive to the skin, eyes, respiratory
t the eyes, ungsand skin Skin and aspiratory elatedrdiseases
expanding gases may cause severe chemical burns and fro
could be aggravated by exposure.
Not recognized by OSHA as a carcinogen.
Not listed in the National Toxicology Program.
Not listed as a carcinogen by the International Agency for Research on Cancer.
EXPOSURE LIMITS FOR A ONLA:Vapor 35 mg/m3 PEL 8 hour TWA
OSHA 50 ppm,
NIOSH 35 ppm, 27 mg/m3 STEL 15 minutes
25 ppm, 18 mg/m3 RE,L 10 hour TWA
300 ppm, IDLH
ACGtR 25 ppm, 18 mg/m3 TLV 8 hour TWA F
35 ppm, 27 mg/m3 STEL 15 minutes
T : LD 50 Oral/Rat 350 mg/k
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PHYSICAL DATA
rSPEC1[FIC
OINT:-28°F at 1 Atm.
VAPOR DENSITY:0.0481 Lb/Ft3 at 32°F F
LIQUID DENSITY:38.00 LhIW at 70°F
GRAVITY OF GAS(air=1):0.596 at 32°F APPROXIMATE FREEZING POINT:-108°F
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GRAVITY OF LIQUID(water a 1):0.682 at-28°F WEIGHT(per gallon):5.15 pounds at 60°F
(Compare to water at 39°F) VAPOR PRESSURE: 114 psig at 70°F
PERCENT VOLATILE: 100°/a at 212°F SOLUBILITY IN WATER(per 100 pounds of water): $6.9
APPEARANCE AND ODOR.Colorless liquid or gas with pounds at 32°F,51 pounds at 68°F f
TENSION:23.4 Dynes/cm,at S2°F
pungent odor. SURFACE
CRITICAL TEMPERATURE:271.4°F CRITICAL PRESSURE: 111.5 atm `
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GAS SPECIFIC VOLUME:20.78 Ft3/Lb at 32°F and 1 Atm.
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MATERUL SAFETY DATA SHEET
EMERGENCY TREATMENT z
EFFECTS OF OWMEXPOEM: s
Egg: May cause severe irritation,eye burns or permanent eye damage. �
Skin: Irritation,corrosive burns,blister formation may result. Contact with liquid may produce a caustic burn and frostbite.
latio : Exposure may result in severe irritation and/or burns of the nose,throat and respiratory tract.It may cause {
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broncbospasm,pulmonary edema or respiratory arrest.Extreme exposure may result in death from spasm,inflammation or edema.
Brief inhalation exposure to 5,000 ppm may be fatal.
Ingestion: Ingestion is unlikely since the material is a gas under normal atmospheric conditions.If ingested,it may cause burns and
severe pain of the mouth,throat,esophagus and stomach or may be fatal.
EMERGENCY AID:Remove patient to uncontaminated area.
ye: Flush with copious amounts of tepid water for a minimum of 20 minutes.Eyelids should be held apart and away from eyeball
for thorough rinsing. Seek medical attention.
le&d: Flush with copious amounts of tepid water for a minimum of 20 minutes while removing contaminated clothing,jewelry and
shoes. Do not rub or apply ointment on affected area. Clothing may initially freeze to skin. Thaw frozen clothing from skin before
removing. For liquid ammonia contact, seek immediate medical attention. For severe vapor contact or if irritation persists, seek
medical attention.
Inhalation: Remove to fresh air. If not breathing,administer artificial respiration.If trained to do so,administer supplemental
oxygen,if required. in case of severe exposure or if irritation persists or if breathing difficulties arise,get medical attention.
Ingestion: if conscious, give large amounts of water to drink. May drink orange juice, citrus juice or diluted vinegar (1:4) to
counteract ammonia.If unconscious,do not give anything by mouth. Do not induce vomiting! Seek medical attention.
NOTE TO PHYSICIAN: Respiratory injury may appear as a delayed phenomenon. Pulmonary edema may follow chemical
bronchitis. Supportive treatment with necessary ventilation actions,Including oxygen,may warrant consideration.
FIRE AND EXPLOSION HAZARD DATA '
FLASHPOINT:None.
FLAMMABLE LIMITS IN AIR: LEL/UEL 16%to 25%.(listed as 15%to 28%in the NIOSHPocket Guide to Chemical Hazards.
EXTINGUISHING MEDIA:Dry Chemical,COx,water spray or alcohol-resistant foam if gas flow cannot be stopped. I
AUTO IGNITION TEMPERATURE: 1,204°F(If catalyzed). 1,570°F(lfun-catalyzed).
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SPECIAL FIRE-FIGHTING PROCEDURES:
Must wear protective clothing and a positive pressure SCBA. Stop source if possible. If a portable container(such as a cylinder or
trailer) can be moved from the fire area without risk to the individual, do so to prevent the pressure relief valve of the trailer from
discharging or the cylinder from rupturing_ Fight fires using dry chemical, carbon dioxide,water spray or alcohol-resistant foam.
Cool fire-exposed containers with water spray. Stay upwind when containers are threatened. Use water spray to knock down vapor
and dilute.
UNUSUAL FIRE AND EXPLOSION HAZARDS:
Outdoors, ammonia is not generally a fire hazard. Indoors, in confined areas, ammonia may be a fire hazard, especially if oil and
other combustible materials are present.Combustion may form toxic nitrogen oxides.
If relief valves are inoperative,heat exposed 5 ra a containers may become explosion hazards due to over pressurization.
CHEMICAL REACTIVITY
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MATERIAL;.SAFETY.DATA SHNET
STABILITY:
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Stable at room temperature. Heating a closed container above room temperature causes vapor pressure to increase rapidly. I
Anhydrous ammonia will react exothermically with acids and water. Will not polymerize.
CONDITIONS TO AVOID:
Anhydrous ammonia has potentially explosive reactions with strong oxidizers,Anhydrous ammonia forms explosive mixtures in air F
with hydrocarbons, chlorine, fluorine and silver nitrate. Anhydrous ammonia reacts to form explosive products, mixtures or
compounds with mercury,gold,silver,iodine, bromine,silver oxide and silver chloride.
Avoid anhydrous ammonia contact with chlorine, which forms a chloramine gas, which is a primary skin irritant and sensitizer.
Anhydrous ammonia is incompatible with acetaldehyde, acrolein, boron, chloric acid, chlorine monoxide, chlorites, nitrogen
tetroxide,perchlorate,sulfur,tin and strong acids.
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Avoid contact with galvanized surfaces,copper,brass,bronze,mercury,gold and silver.A corrosive reaction will occur.
HAZARDOUS DECOMPOSITION PRODUCTS:
Anhydrous ammonia decomposes to hydrogen and nitrogen gases above 450°C (842°F). Decomposition temperatures may be
lowered by contact with certain metals,such as iron,nickel and zinc and by catalytic surfaces such as porcelain and purnice.
SPILL OR LEAK PROCEDURES
STEPS TO BE TAKEN: F
Stop source of leak if possible,provided it can be done in a safe manner. Leave the area of a spill by moving laterally and upwind.
Isolate the affected area.Non-responders should evacuate the area,or shelter in place. Only properly trained and equipped persons 't
should respond to an ammonia release. Wear eye, hand and respiratory protection and protective clothing; see PROTECTIVE
EQUIPMENT. Stay upwind and use water spray downwind of container to absorb the evolved gas. Contain spill and runoff from n
entering drains,sewers,and water systems by utilizing methods such as diking,containment, and absorption.CAUTION: ADDING
WATER DIRECTLY TO LIQUID SPILLS WILL INCREASE VOLATILIZATION OF AMMONIA, THUS INCREASING THE '
POSSIBH=OF EXPOSURE.
WASTE DISPOSAL:
Listed as hazardous substance under CWA(40 CFR 116.4,40 CFR 117.3).Reportable Quantity 100 pounds.Classified as hazardous
waste under RCRA (40CFR 261.22 Corrosive #13002). Comply with all regulations. Suitably diluted product may be utilized on
agricultural land as fertilizer.Keep spill from entering streams lakes,or any water s stems.
SPECIAL PROTECTION AND PROCEDURES
PROTECTIVE EOUIPMENT:
At a minimum,splash proof,chemical safety goggles,ammonia resistant gloves(such as rubber)and ammonia-impervious clothing
should be worn to prevent contact during normal operations,such as loading,unloading and transfers. A face shield and boots can
be worn as additional protection.Refer to 29 CFR 1910.132 through 1910.138 for OSHA personal protective equipment
requirements.
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For a hazardous material release response,Level A or Level B ensemble including positive-pressure SCBA should be used.
EYE PROTECTION: Chemical splash goggles should be worn when handling anhydrous ammonia. A face shield can be worn
over chemical splash goggles as additional protection. Do not wear contact lenses when handling anhydrous ammonia. Refer to 29
CFR 1910.133 for OSHA eye protection requirements.
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RESPIRATORY PROTECTION:
Respiratory protection approved by NIOSH for ammonia must be used when applicable safety and health exposure limits are '
exceeded. For escape in emergencies, NIOSH approved respiratory protection that consists or a full-face gas mask and canisters
approved for ammonia or SCBA should be used. A positive pressure SCBA is required for entry into ammonia atmospheres at
unknown concentrations or above 300 ppm (iDLH). Refer to 29 CFR 1910.134 and ANSI: Z88.2 for OSHA respiratory protection
requirements. Also refer to 29 CFR 1910.1 It for respiratory protection requirements at bulk installations.
VENTILATION:
Maintain adequate ventilation to ly"p ammonia concentrations below the applicable standards.
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MATERIAL SAFETY DATA:SHEET
SPECIAL PRECAUTIONS
STORAGE AND HANDLING:
Only trained persons should handle anhydrous ammonia. Store in cool (26.7°C/ 80°F) and well-ventilated areas, with containers
tightly closed. OSHA 29 CFR 1910.111 prescribes handling and storage requirements for anhydrous ammonia as a hazardous
material. Use only stainless steel, carbon steel or black iron for anhydrous ammonia containers or piping. Do not use plastic. Do
not use any non-Ferrous metals such as copper, brass, bronze, tin, zinc or galvanized metals. Protect containers from physical
damage. Keep away from ignition sources,especially in indoor spaces.
WORK-PLACE PROTECTIVE EQUIPMENT:
Protective equipment should be stored near,but outside of anhydrous ammonia area. Water for first aid,such as an eyewash station
and safety shower,should be kept available in the immediate vicinity.See 29 CFR 1910.111 for workplace requirements.
DISPOSAL:
See WASTE DTSPOSAL.Classified as RCRA Hazardous Waste due to corrosivity with designation D002,if disposed of in original
form.
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MATERIAL SAFETY DATA-SHEET
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LABELING AND SHIPPING
HAZARD CLASS: (US Domestic): 2.2(Non-Flammable Gas) (International): 2.3(Poison Gas)subsidiary 8(Corrosive)
PROPER SHIPPING DESCRIPTION:
(US Domestic): UN1005,Ammonia,Anhydrous,2.2,RQ,Inhalation Hazard
(International): UN1005,Ammonia,Anhydrous,2.3,(8),RQ,Poison-Inhalation Hazard Zone"D"
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PLACARD: IDENTIFICATION NUMBER: UN 1005
(US Domestic): Non-Flammable Gas
(International): Poison Gas,Corrosive(Subsidiary)
National Fire Protection Assoc.Hazardous Rating:
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RazaEdous Materials Identification System Labels:
ANHYDROUS AMMONIA
HEALTH 3
FLAMMABILITY 1
REACTIVITY 0
PERSONAL PROTECTION H
OTHER REGULATORY REQUIREMENTS
Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (C.ERC.LA), Section 103, any
environmental release of this chemical equal to or over the reportable quantity of 100 lbs.must be reported promptly to the National
Response Center,Washington,D.C.(1-800-424-8802).
The material is subject to the reporting requirements of Section 304, Section 312 and Section 313, Title III of the Superfund
Amendments and Reauthorization Act(SARA)of 1986 and 40 CFR 372. Emergency Planning&Community Right to Know Act,
(EPCRA)extremely hazardous substance,40 CFR 355,Title ITT, Section 302—Ammonia, Threshold Planning Quantity(TPQ)500
lbs.
EPA Hazard Categories-Immediate:Yes;Delayed:No; Fire:No;Sudden Release:Yes;Reactive:No, s
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Clean Air Act -- Section 112(r): Material is listed under EPA's Risk Management Program (RMP), 40 CFR Part 68, at
storage/process amounts greater than the Threshold Quantity(TQ)of 10,000 lbs.
The chemical is listed under Department of Homeland Security regulation 6 CFR Part 27, Chemical Facility Anti-Terrorism ¢
Standards at storage/process amounts greater than the threshold quantity of 10,000 pounds. 6
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This chemical is subject to 49 CFR 1580 Rail Transportation Security. �.
DISCLAIMER
The information, data,and recommendations in this material safety data sheet relate only to the specific material designated herein
and do not relate to use in combination with any other material or in any process. The information,data,and recommendations set
forth herein are believed by us to be accurate. We make no warranties, either expressed or implied,with respect thereto and assume
no liability in connection with any use of such information,data,and recommendations.
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CITY OF DEILRAY
STATEMENT OF NO NI®
BID No. 2014-09
ANHYDROUS AMMONIA ANNUAL CONTRACT
PLEASE AFFIX SIGNATURE WHERE INDICATED
P
If you are not bidding on this service or commodity,please complete and return this form via fax(561)243-7166 or
email(nadal.0)mydelravbeach.com t
VENDOR NAME i
BUSINESS ADDRESS
CITY STATE ZIP CODE
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CONTACT NUMBER _
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SIGNATURE
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DATE
Minority Owned Business: ❑ Slack ❑Hispanic Woman Other
We,the undersigned have declined to bid on Bid No.2015-09 due to the following reason(s).
Please indicate below with an "X":
S ecificadons too"tight", i.e.,geared toward brand or manufacturer only(explain below l
Y
Insufficient time to respond to the Invitation to Bid I
We do not offer this product or an a uivalent
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Our product schedule would not permit us to perfoan
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Unable to meet s ecfflcations t
Unable to meet bond requirements
S ecificafions unclear(explain below
Other(specJfy below
REMARKSIOTHER
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Bid#2015-09 Anhydrous Ammonia 311
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Ek. 63
TANNED INDUSTRIES, INC.
735 DAVISVILLE ROAD,THIRD FLOOR
SOUTHAMPTON,PA 18966-3200
215-322-1238 FAX 215-322-7725
www.tannerind.com
August 8. 2017
Mr. Sam Heady
Village of Tequesta
901 Old Dixie Highway
Tequesta, FL 33469
Via email: sheadyOwtecluesta.org
Dear Mr. Heady:
Tanner Industries agrees to extend an invitation to piggy-back off the bid for City of
Delray Beach, Bid#2015-09, for 1.1.1 bulk quantities of Metallurgical Grade
Anhydrous Ammonia for delivery to your facility in Tequesta, FL.
S.79 per pound delivered
Price includes 2 hours unloading time
Terns: Net cash in 30 days
Finn thru: April I, 2018
*Please Note: The storage tank lease agreement between Village of Tequesta and Tanner
Industries, Inc. will remain unchanged.
We appreciate the business you place with us. if we may be of any further service, please
do not hesitate to contact us.
Sincerely,
Tanner Industries, Inc.
Matt Tanner
Sales Administrator
1
Janet McCorkle
From: MattTanner@tannerind.com
Sent: Tuesday,August 8,2017 11:50 AM
To: Samuel Heady
Cc: Janet McCorkle;Winkfield,Sharmesha
Subject: Re:FW:Tanner Contract Delray Beach
Hi Sam.
You do have our permission to piggyback this Contract.
Regards.
Matt Tanner
Sales Administrator
Tanner Industries.Inc.
Phone:215-322-1238 ext 2440
Fax:215-322-7791
Email:MattTanner u_tannerind.com
�vxvw.tannerind.com
From:Samuel Heady<sheady(cMequesta.org>
To:"Winkfield.Sharmesha"<WinkfieldS(i�mydelraybeach.com>.
"MattTanner(i_tannerind.com"<MattTanner(c)tannerind.cont>
Cc:Janet McCorkle<jmccorkle(ultcquesta.org>
Date:08/08/2017 1 1:18 AM
Subject: I'W:Tanner Contract Delray Beach
Do.I have permission from both parties to piggy back the attached contract
for the Village of Tequesta?
t
Janet McCorkle
From: Winkfield,Sharmesha<WinkfieldS@mydelraybeach.com>
Sent: Tuesday,August 8,2017 12:14 PM
To: Samuel Heady;MattTanner@tannerind.com
Cc: Janet McCorkle;Lopez,Enrique
Subject: RE:Tanner Contract Delray Beach
Good afternoon,
You may piggyback off of this contract.
Sharmesha Winkfield,Purchasing Assistant
City of Delray Beach•Purchasing Department
(561)243-7129 Ext.1813
Winkfields n0mydelraybeach.com
PUBLIC RECORDS NOTE:Florida has a very broad public records law.Most written communications to or from local officials,employees,or the general public
regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be subject to public
disclosure.
From:Samuel Heady[mailto:sheady@tequesta.org]
Sent:Tuesday,August 08,2017 11:18 AM
To:Winkfield,Sharmesha;MattTanner@tannerind.com
Cc:Janet McCorkle
Subject:FW:Tanner Contract Delray Beach
Do, I have permission from both parties to piggy back the attached contract for the Village of Tequesta?
1