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1459 Odyssey Manuf PO 032687PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk /459 RE: Odyssey Mng Co., PO 32687 and Piggy back with New Smyrna Beach Bid No. B07 -11 The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ® Return originals to Purchasing ❑ Return copies Special Instructions: ,. ❑ Mayor's signature endering �( Safe keeping (Vault) ❑ Payment Bond ❑ City Manager Signature �( ❑ City Clerk Attest/Signature Marisol Ordonez From Q 6`C Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc DATE: 11/16/11 PURCHASE ORDER PO NUMBER 032687 CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SUBMIT INVOICES TO: ACCOUNTS PAYABLE PURCHASING OFFICE: 407.688.5030 SANFORD, FLORIDA 32772 FINANCE DEPT. ACCOUNTS PAYABLE: 407.688.5020 P.O. BOX 1788 FACSIMILE: 407.688.5021 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 SANFORD, FL 32772 VENDOR NO.: 9920 TO: SHIP TO: ODYSSEY MANUFACTURING COMPANY CITY OF SANFORD 1484 MASSARO BLVD 3540 CAMERON AVE TAMPA, FL 33619 SANFORD, FL 32773 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/12 NET /30 ACCOUNT NO.: SEE BELOW PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 332,500 GAL SODIUM HYPOCHLORITE 57380.00 NA 1.00 57380.00 1 2 332,500 GAL SODIUM HYPOCHLORITE 27557.50 NA 1.00 27557.50 3 332,500 GAL SODIUM HYPOCHLORITE 135900.00 NA 1.00 135900.00 4 332,500 GAL SODIUM HYPOCHLORITE 30200.00 NA 1.00 30200.00 UB TOTAL 251037.50 nT T. 251037.50 EQ /ACCT ?R DATE REQ. O __ _ JECT - AMOUNT -------------------------- -- V - 000062936 10/19/11 CHARI 7380.00 5145215365200 7557.50 000062936 10/19/11 CHARL 5145225365200 V 1 5900.00 000062936 10/19/11 CHARL 5145275365200 0200.00 000062936 10/19/11 CHARLES T ER 5145285365200 APPROVED BY: APPROVED BY: MAN PU ALL PACKAGES AND INVOICES ASSOCIATED 4 ITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOV /DEPARTMENTS /PURCHASE/TERMS. COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING P N44 WS ItM Item No. CITY COMMISSION MEMORANDUM 'I '1 -191 -J NOVEMBER 14, 20'1 1 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Annual Purchase of Sodium Hypochlorite SYNOPSIS: Approval of the purchase of Sodium Hypochlorite (liquid chlorine) from Odyssey Manufacturing Company is requested. FISCAL.ISTAFFING STATEMENT: The total annual cost of sodium hypochlorite is estimated at $251,037.50. Funds are available in Utility Department accounts. BACKGROUND: The City's water and wastewater treatment facilities utilize sodium hypochlorite for disinfection purposes. The City currently purchases this chemical from Odyssey Manufacturing Company via a piggy -back bid. The City is able to continue purchasing sodium hypochlorite from Odyssey in accordance with a bid from the City of New Smyrna Beach (Bid No. B 07 -11 Water and Wastewater Chemicals). The cost of this product is $0.755 /gal which is a slight decrease (approximately 5 %) from last years price. A blanket purchase order in the amount of $251,037.50 will be issued to Odyssey Manufacturing Company as a piggy -back to the bid referenced above. City of New Smyrna Beach bid and award documents are available for review in the City of Sanford's Purchasing Office. LEGAL REVIEW: This purchasing process was discussed and agreed upon with the Assistant City Attorney by the Purchasing Manager. RECOMMENDATION: It is staff's recommendation that the City Commission approve the purchase of sodium hypochlorite from Odyssey Manufacturing Company as outlined above at an estimated annual cost of $251,037.50 SUGGESTED MOTION: "I move to approve this purchase from Odyssey Manufacturing Company in the amount of $251,037.50." Attachment: Letter from Odyssey Utilities Commission City of New Smyrna Beach Date: September 19, 2011 To: General Manager /CEO From: Board of Award Subject: Bid No 07 -11 Water and Wastewater Chemicals for FY 2011 -2012 Invitation to Bid No o7 -11 for the purchase of the annual supply of chemicals used in the treatment of our water and wastewater was broadcast and advertised through Demand Star on June 23, 2011. Forty Nine (49) potential bidders downloaded the Invitation to Bid. Sixteen (16) bids were received, opened and read publicly on July 28, 2011. Based upon evaluation of the bids, award is recommendedto the responsible evaluated low bidders based on price and delivery. (Note — Due to recent changing of treatment lime at wastewater plant is for contingency only, ordering on an as needed basis.) WATER CHEMICALS VENDOR PO# QTR' /UNIT PRICE TOTAL Hypochlorite Solution Odyssey Mfg. 10023 5,000 @ $0.7550 $ ,775 Sodium Silica Fluoride Brenntag 10022 1 5,000 @ $.42 $6,300 Anhydrous Ammonia AirGas Specialty 10010 40,000 @ $ .67 $26,800 Calcium QuickLime Cheney Lime 10029 1300 @ $205.48 $267,124 Liquid Chlorine Jones Chemical 10028 150 @ $420.50 $6 ,o WASTEWATER CHEMICALS VENDOR PO# QTY /UNIT PRICE TOTAL Sodium Bisulfite ' Thatcher Chemical 10025 6o,000 @ $.135 $8,100 Aluminum Sulfate General Chemical 10026 200,000 @ $.166 $33,200 Calcium QuickLime Cheney Lime 10024 200 @ $205.48 $41,o96 Liquid Chlorine Jones Chemical 10027 0 @ $420.50 $37 Maureen Lynch Materials Manager Dave Hoover Director of Water Resources Brian Bilinksi Acting Director of Finance Utilities Commission, NSB P.O. Box 100 200 Canal Street New Smyrna Beach FL 32170 -0100 Purchase Order No. P000010023 P.O. number must appear on all correspondence. Date: 8/22/2011 Vendor: Ship To: Odyssey Manufacturing Co 1484 Massaro Blvd Tampa FL 33619 Attention: Patrick Allman, GM Phone: (800) 639 -7739 Ext. 0000 Fax: (813) 630 -2589 Ext. 0000 Vendor #: ODYS100 4510 State Road A1A New Smyrna Beach FL 32169 Confirm With: Rob D 386 - 424 -3191 Page: 1 PLEASE FAX ORDER CONFIRMATION TO: (386) 424 -2748 Please ship merchandise subject to conditions printed on this order. State Sales Tax Exemption Certificate No. 85- 8012527327C -6 A Changed Since the Previous Revision L/N T_ Item:Nuinber Re Date.; U /NI <Orde d ": 'Unit Price Exti Price - Descri tiorr " 1 SERVICE CONTRACT 9130/2012 Gal 5,000.0000 $0.7550 $3,775.00 Sodium Hypochlorite Solution- Estimated Annual Quantity 5,000gal REQ1101887 South Beach Pumping Station Must Meet NSF No. 60 Standard. Usable in Drinking Water. Deliveries As Needed /As Directed. 24hr Notice Prior to Delivery. A/C 320 - 020- 641 -6229 FY 12 (10/01/11 - 09/30/12) Appv'd Reg UC Mtg 09/19/11 Agenda Item 2 -d Terms, Specs, & Conditions per ITB 07 -11 $3,775.00 $0.00 $0.00 $0.00 $0.00 $3,775.00 Unless otherwise stated herein all prices are F.O.B "Ship To" point listed above with freight prepaid by shipper. All Invoices will be paid within 30 days of: Receipt of Invoice, Receipt of Goods or Acceptance of Worked Performed. Authorized Signature UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM .ADM. OFFICE USE ONLY: X CONSENT ITEM ❑ NEW BUSINESS ❑ OLD BUSINESS FOR MEETING OF: September 19, 2011 FROM: Director of Finance SIGNATURE: EXHIBITS: Award Recommendation SUBJECT: Bid No 07 -11 Water and Wastewater Chemicals SUMMARY: Invitation to Bid No 07 -11 for the purchase of our annual supply of chemicals used in the treatment of water and wastewater was broadcast on Demand Star on June 23, 20ii. Forty Nine (49) potential bidders downloaded the bid documents. Sixteen bids were received. It is recommended that the annual supplies for the contract period October 1, 2011 to September 30, 2012 of Hypochlorite Solution, Sodium Silica Fluoride, Anhydrous Ammonia, High Calcium Quicklime, Sodium Bisulfite, Al Sulfate and Liquid Chlorine be awarded as follows: Odyssey Mfg. $3775 Brenntag $6,300 Air as Specialty Products $26,800 Cheney Lime $267,124 Cheney Lime $41,o96 Thatcher Chemical $8,1o0 General Chemical $33,200 Jones Chemical $37,845 Jones Chemical $63,075 The funds are from account numbers: 320 - 020 - 641 -6229, 320 - 020 - 641 -6219, 320 - 020 - 641 -6223, 320 -020- 641 -6225, 360 - 030 - 741 -6230, 360 - 030 - 741 -6224, 360 - 030 - 741 -6231, 320 - 020 - 641 -6221 RECOMMENDED ACTION: A motion to award PO Nos. 10023 For $3,775 to Odyssey Mfg, PO No 10022 for $6,300 to Brenntag, PO No 1oo10 for $26,800 to Airgas Specialty Products, PO No 1oo29 for $267,124 to Cheney Lime, P.O. No 10024 for $41,o96 to Cheney Lime, PO No 10025 for $8,1oo to Thatcher Chemical, PO No 10026 for $33,200 to General Chemical, PO No 10027 for $37, to Jones Chemical and PO No 10028 for $63,075 to Jones Chemical; for a total amount awarded of $4 under ITB 07 -11 for water and wastewater chemicals. 0 0 Ln u� vv N N E J U E U rn am N N w lD N 0 a 7 CD E L m U O O 0 O pp (p C C v L m 0 a) vv O L ro > X U . /V\ (9 CO O O O d 00 d. 03 d• CO c�-I d O O 6 N N O a Q O O CD A vv O U N Q Ln (p L "a o= 0 ro F- F �°- N t c c L 0 - a N U L p p Ln a > O O O E u u d Q "' lD N z N L y_ O 4 O — • 1p 0 N U Ln h 4� m CL O O N r-i a =3 > C p O > E E a (� 4' ro O c Q a t N O N (0 Q Q 7 7 Ln T U p ). U E (p t, a N .0 N p O m E p p a ' co N c 7 �i O O °= Q CI C1 LO N Q Q L° U Q o -o 0 0 N N vvvv � d' c _U C a) - U /V\AA N C O 1 ' J N i U O Lf1 N V) N O O � Ln U' o !0 vv C U_ U L m O _ � N O O O � It W M N ri IH t/� { O •v O t1T C O E 7 O O O O X## U CL D W W Sri Ln vv CN U J > 4J C N t U U N f9 pp ro r0 U O u'1 N > C O p O E U U Q 2 v N Z n O L y... O 4- O C O O ro — •i '� N U L L a -1 O O N c I GJ CO Lon 'Fa C C Q •E y O c0 O V Q Q 3 Ln O U U cEo LO 41 al N p O m � O H o a o E a E C E � CD H C) F- O 3 >. 3 L N Co C C p T c O O a't L O 'O 7 j =_ 0 c 0 N= Q O CI Ln N Q Q N U Q CD Ln m u O s -� U J Q) s - 0 V Y cr) U J C O C L LO N p O O O VI iJ} Ln Lrf O T d N Ln T L Q) Y C C C C v � GA N N @ @ c s a L O L O O O I;t c) E U U to > Q O h) O N C O 0 z ^O s O O O w (9 '� N N U i L O ru O O c1 N m N G) C O p O E O v 3 cn T T 'C N N O U ti p U (0 O d N O m N N . pP O� FO' 4' � UO Y j n ' j f�D _ m Q) Q O ?< '� t � 7 t � N 0 N O N= a (7 CJ Q Q Ln U Q ODYSSEY MANUFACTURING CO. July 25, 2011 Ms. Maureen Lynch, CPPB Materials Manager City of New Smyrna Beach 200 Canal Street New Smyrna Beach, FL 32168 Re: CITY OF NEW SMYRNA BEACH BID NO. B 07 -11 WATER AND WASTEWATER CHEMICALS Dear Ms. Lynch, As a follow -up to the subject Invitation to Bid (ITB) #07 - 11 for Water and Wastewater Chemicals, Odyssey Manufacturing Company is pleased to submit our proposal for the supply of sodium hypochlorite in "tanker" or "bulk" loads to the City of New Smyrna Beach. Our proposal is based on delivery to the delivery locations specified in the RFP documents which are all tanker accessible sites. In accordance with your instructions, we have enclosed one original of the "Proposal" and one copy. Per your request, we have also organized our proposal into Eight Tabs each of which contains the information requested in the ITB solicitation. Thank you for your consideration. Please call me if you have any questions at 1-800 - ODYSSEY or cellular (813) 335 -3444 or visit our website @www.odysseymanufacturing.com. Additionally, we invite you to call our references to compare see how the superior service we have provided to you is consistent with what we have provided the water and wastewater treatment industry and to consider all of the information we have provided in this proposal. a 'ck H. Allman General Manager FACTOR #1 EXPERIENCE Odyssey Manufacturing Company is pleased to submit our proposal for the supply of sodium hypochlorite to the City of New Smyrna Beach in accordance with your Invitation to Bid (ITB #07 -11). We feel we are uniquely qualified to do this work for the following reasons: • We are the leading provider of sodium hypochlorite to the water and wastewater treatment industry in Florida and serve over 90% of the plants in Florida that use sodium hypochlorite. • We have successfully operated the largest proven chloralkali bleach super -plant in North America for the past eleven years. • We are a licensed plumbing and general contractor who specializes in chemical systems work at water and wastewater treatment plants and have provided system design, permitting installation and service work to all of our customers with respect to their chemical systems. • We have installed over 1,500 chemical systems in Florida and over 3,000 sodium hypochlorite tanks. We offer this support to our customers. • We are the only factory approved installer of Snyder, Assmann and Poly Processing tanks in Florida and we do all of their warranty work. The City of New Smyrna Beach uses these tanks for their chemical systems. • We are a technical resources company who provides solutions to our customers and are the only chemical supplier in Florida who can provide design, engineering, permitting and construction services for your chemical systems. • We are financially capable of performing the proposed work. We are bondable to $6 million and our bond rate is 1%. About Odvsse Odyssey Manufacturing Co. is a disinfection solutions company who has three integrated business units providing technical solutions to our customers: (1) We are the largest sodium hypochlorite manufacturer in the southeast and our sodium hypochlorite currently serves over 90% of the water and wastewater plants and power plants that use bulk bleach in peninsular Florida; (2) We are a licensed general and plumbing contractor who has installed over 1,300 "turn-key" chemical systems; and (3) We are the Florida distributor for the Process Solutions MicrOclor On -Site Sodium Hypochlorite Generation (OSHG) System. History of Odvsse Odyssey Manufacturing Co. was incorporated in 1998 in Delaware and began operations in late 1999. Our Tampa manufacturing facility has been manufacturing sodium hypochlorite since March of 2000 and we added an additional manufacturing facility on the east side of Orlando in January 2008. We also have some common ownership with Sentry Industries which is a Miami -based sodium hypochlorite manufacturer which provides us additional backup or emergency capacity. List of Principals The managing partner and CEO of Odyssey Manufacturing Co. is Stephen Sidelko who has a B.S. in Chemical Engineering and an MBA from Rensauler PolyTechnic Institute. Mr. Sidelko successfully operated sodium hypochlorite manufacturing facilities in Florida for over thirty five years starting out with Procter and Gamble and moving over to Kare Chemical. In 1980, Mr. Sidelko founded Sentry Industries in Miami, Florida which has grown over the years and currently manufactures and delivers about 20 million gallons per year of sodium hypochlorite to various customers located throughout Florida. Mr. Sidlelko is the President of Sentry Industries and manages their day to day operations. In 1998, Mr. Sidelko and a group of partners founded Odyssey Manufacturing Co. Odyssey Manufacturing began operations in 1999. The day to day operation of Odyssey Manufacturing is done by Patrick H. Allman (General Manager) and Marvin T. Rakes (President) who provide technical support to our customers and have guided Odyssey since 1999 and 2000 respectively. Mr. Allman (cellular 813 - 335 -3444) has a B.S. in Nuclear Engineering 1983 from the University of Virginia, a M.S. equivalent in Nuclear Engineering from the Department of Naval Reactors in 1984 and an M.B.A. from the University of Tampa in 1990. Mr. Allman has over seven years of power plant experience in the U.S. Navy, nine years of power plant experience at Tampa Electric Company and over ten years of experience running the day to day operations of a large sodium hypochlorite manufacturing facility in Florida. Marvin Rakes, President (cellular 813- 340 -3675) who has a B.S. in Chemical Engineering 1985 from the University of North Carolina State. Mr. Rakes has over twenty years of operational experience as the Operations Manager for the largest chemical distribution and chlorine repackaging company on the East Coast in Virginia and for the past nine years as the President of Odyssey Manufacturing. Under their tenure, Odyssey Manufacturing has grown considerably over the past eleven years and currently sells over 50 million gallons per year of sodium hypochlorite. Reliability Odyssey sets the standard for reliability in the marketplace. Odyssey has consistently provided its customers a superior service and a superior product. As you know, we have never missed a delivery in over eleven years of service to the water and wastewater treatment industry. Our service is legendary. We done several emergency deliveries most notably on Saturday, April 6, 2002, St. Johns County was run out of bleach by their then sodium hypochlorite supplier at the main water plant. St. Johns County contacted Jones Chemical, Allied Chemical and PB &S [now Brenntag] all of which declined to come. Only Odyssey Manufacturing Co. said they would come and we delivered a tanker of sodium hypochlorite on Saturday night within four hours of being called. This is un- paralleled service and was not matched by any of the other suppliers in the marketplace. Missing chemical deliveries would be a serious problem for water and wastewater treatment plants who must chlorinate for public health reasons. Odyssey has never missed a chemical delivery to any customer in over ten years of its existence. This sharply contrasts with the delivery record of Allied Universal which has failed to make timely deliveries to its customers in the past (please call our reference list for additional information and see below). Specifically, these are just a few of the instances we had to make deliveries to their customers in the past two years alone. This list is remarkable when you consider that we serve 96% of the plants in Florida. Odyssey had to make an emergency delivery to the Town of Lantana Water Plant just this past month on Sunday, 10/18/09 to keep the customer from having to issue a boiled water notice (Reference: Clyde Ali, WTP Superintendent, 561 - 540 - 5751). Odyssey had to make an emergency delivery to the Village of Wellington on Friday, 12/5/08 to keep them from running out of hypochlorite (Reference: Sean McFarland, WTP Superintendent, 561- 753- 2465). Odyssey had to make an emergency delivery to the City of Ormond Beach WWT plant last year when I was told Allied refused to come and the customer ran out of bleach and called me on Sunday morning from their contact chamber as they were shoveling in HTH and we had bleach there in three hours (Reference: Sam Butler, City of Ormond Beach Chief Operator, 386-676-3592). Odyssey had to make an emergency delivery one weekend last year to the City of Port Orange WTP because I was told Allied was unable to come and previously we had to do the same thing in the past for this customer for the same reason back on 7/22/06 (Reference: Steve Miller, City of Port Orange WT Chief Operator, 386 - 756 - 5380). Another emergency Sunday delivery we made earlier that year on 5/11/08 to the Econ WTP for Orange County because Allied was unable to come according the operator and they were going to have to issue boiled water notices (Reference: Carlos Torres, Orange County, Production Section Water Superintendent, 407 - 254- 9500/5505). Even more disturbing were the two emergency Saturday deliveries were made the day before Hurricane Charlie hit to Collier County because Allied had supposedly refused to make deliveries for over a week (Reference: Steve Waller, Collier County, WWT Superintendent, 239 - 774 - 6886). Lastly, Odyssey pro - actively topped off the hypochlorite tanks before each hurricane for the industry for the past eleven years! Q uali ty Odyssey Manufacturing Co. represents the newest trend in the water treatment business — Chloralkali bleach superplants as a disinfection alternative. Odyssey Manufacturing is a new venture that manufactures bulk sodium hypochlorite utilizing a Kvaerner Chemetics chlor- alkali plant integrated with a Powell Continuous Bleach Plant. We are focused primarily on municipal and private water and wastewater treatment along with industrial customers. As you know, this business was created primarily to serve many the Customers who are switching from chlorine gas to bulk sodium hypochlorite and need a competitively priced, reliable, high quality supply of sodium hypochlorite. As the only chlor - alkali manufacturing facility in Florida, we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on -site out of purified salt and demineralized water utilizing a membrane cell electrolysis process. Not only does this process result in high quality bleach, but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. As you know, chlorine gas railcar shipments to Florida have been suspended on twelve occasions over the past couple of years for up to four days due to terrorist threats and hurricanes. Thus, we are able to offer reliable service and guaranteed pricing which is a major benefit to our customers as they consider alternative suppliers. Additionally, this provides us a significantly higher level of reliability than any other Florida sodium hypochlorite manufacturer as we are not dependent on railcar shipments of chlorine gas into Florida Odyssey combines great service with the best quality bleach in Florida. Our sodium hypochlorite is a high strength product (12.5 Trade Percent Available Chlorine) with superior ratio control and without all the impurities that most bleach contains. What this means to you the Customer is: • Low or zero metal contaminants resulting in significantly slower Product degradation leading to overall cost savings due to reduced sodium hypochlorite consumption • Lower Maintenance Costs caused by pluggages and wear because of impurities in the bleach • Improved Drinking and Effluent Water Quality • Longer Warranties from your equipment suppliers • Superior control of excess alkalinity of Product resulting in less overall chemical additional requirements and more stable chemical feed rates • Less oxygen formation during storage and handling (e.g., which form bubbles in tank and lines) resulting in reduced downtime and more accurate Cl feed rates • Lower levels of sodium chlorate formation resulting in improved water quality and reduced health concerns • Significantly lower levels of bromate formation resulting in reduced public health concerns • Lower suspended solids resulting in improved water quality and less feeder maintenance • Minimal insoluble buildup on the inside of pipes and feeders resulting in better operations of the Customer's system True Cost Unlike most chemicals, sodium hypochlorite has a relatively short shelf life and decomposes over time. Product impurities such as metals and sludge are a significant source of this decomposition. Thus, differences between manufacturers in their manufacturing and delivery processes can have a dramatic difference on actual consumption Additionally, the initial delivered strength can also impact the level of consumption. This means cost savings to the customer Odyssey's unique manufacturing process results in significantly higher quality sodium hypochlorite that does not breakdown and decompose like other sodium hypochlorite. As an example, in FY 2001, the Charlotte County EastPort WWT plant used 101,970 gallons of Odyssey Manufacturing sodium hypochlorite. The previous fiscal year, the facility used about 204,196 gallons with another sodium hypochlorite supplier, despite lower plant flows (Reference: Verne Hall, currently Sarasota County Operations Manager @941- 861 - 0501). In FY 2009, all of their facilities used 234,450 gallons with Odyssey Ultrachlor sodium hypochlorite. The previous fiscal year, the facilities used 428,000 gallons despite lower flows with another sodium hypochlorite supplier (Reference: Steve Bozman, Operations Manager @941- 764 - 4595). The City of Jacksonville pools has averaged 355,000 gallons of usage the past two years with Odyssey Ultrachlor. Prior to that, they used 430,000 gallons (Reference: Rick Sawyer, 904 - 630 - 5401). Two years ago, the City of Edgewater and Port Orange documented a 30% to 35% reduction in hypochlorite usage during FY 2009 when adjusted for flows after switching ssey Manufacturing Co. (Reference: Steve Miller, City of Port Orange, WT Chief Operator, 386 - 756 -5380 and Bob Polizzi, City of Edgewater, WT Chief Operator, 386-424-2490). In the last twelve month period from February 2009 —January 2010, the City of Tampa used 226,477 gallons of Odyssey Ultrachlor. The previous 12 months they used 700,000 gallons per year with their sodium hypochlorite supplier (Reference: John Peckett, Utility Operations, 813- 247 - 3451). Summary Sodium hypochlorite is the most important chemical you purchase. Its use is mandated by an assortment of regulatory agencies and its failure can lead to severe consequences for the utility including system wide boiled water notices and hefty FDEP and EPA fines. Hypochlorite is very unique because of its essential use in water treatment, short shelf life, "just in time" delivery requirements and rapid degradation if fouled by impurities in the manufacturing process. Sodium hypochlorite is the only chemical the City New Smyrna Beach purchases that if you leave it in a drum for one year will be completely gone. For example, a drum of 50% caustic will still be a drum of 50% caustic after one year. A drum of 12.5% sodium hypochlorite will be salt water after one year with no disinfection capability. A drum of 50% caustic laden with 2 ppm iron and other metals will still be a drum of 50% caustic after one week (or even after one year). A drum of 12.5% sodium hypochlorite containing 2 ppm iron and other metal impurities will be a drum of 5% — 6% sodium hypochlorite after one week and thus have half the disinfection power and require twice as much to be fed. As you know, Odyssey provides a superior product for two reasons: (1) We have a superior process; and (2) We care about quality (we just don't pay lip service to it and tell you we are "improved" or just as good as Odyssey). Frankly, if 95% of our business was pool stores to which we delivered 8% - 9% bleach laden with iron, metals, sludge and other impurities to them because they don't care about quality why would we bother to spend an extra $.20 per gallon to make the correct strength bleach and another $.05 per gallon to properly filter the bleach? Instead, I would probably target the 4% of the municipal market which buys on "price per gallon" and not the total cost when usage and maintenance is factored in and sell them the same slop. This same group doesn't care when their bleach comes late or doesn't come at all either because they continue to put up with it as long as they perceive they are paying less per gallon. It is not what a coWgny says they will do it is what they have consistently done in the past is what you will get SECTION 2.6 REFERENCES Provide the business names, contact persons and telephone numbers of three (3) references for which the firm has provided services described in this bid for five (5) years. Prefer relationships with utility and governmental agencies. It is our intent to contact these references during the award process. 1. Name of Company: City Cape Coral Address: P.O. ox Cape Coral , F1 33915 Point of Contact: Phone Number: Dates of Service: Andy Fenske 239 - 574 -0878 Service(s)Provided: Sodium Hypochlorite - WT Treatment Chemica 2. Name of Company: Tampa Bay Water Address: 8845 Pumping Station Road Land O'Lakes, F1 34639 Point of Contact: Andrew Greenbaum Phone Number: 813-910-3246 Dates of Service: 5"1 C", C Z dog) Service(s)Provided: Sodium Hyp o c h l o r i t e 3. Name of Company: City of Palm Coast Address: 2 Utility Drive Palm Coast, Fl. 32137 Point of Contact: Jim Hogan Phone Number: 386 - 986 -2374 Dates of Service: 5; - 2_010b Service(s)Provided: Sodium Hyp o c h l o r i t e ITB 07 -11 Water and Wastewater Chemicals 19 ODYSSEY MANUFACTURING CO, Odyssey Manufacturing Co. Sodium Hypochlorite Reference List - Bob Polizzi, City of Edgewater, WTP Superintendent, 386- 424 -2490 - Cliff Morris, Bonita Springs Utilities, East WRF Superintendent, 239 - 495 -4247 Tom Milazzo, Bonita Springs Utilities, RO Chief Operator, 239 - 390 -4823 - Scott Berge, Pasco County, WT Maintenance Manager, 727 - 847 -8145 Jim Kaplan, Pasco County, Chief Water Operator, 727 - 834 -3255 Shawn Kopko, City of Cape Coral, Water Production Supt, 239 - 242 -3423 Andy Fenske, City of Cape Coral, Chief Operator, 239 - 242 -3411 Brian Fenske, City of Cape Coral, Everest WWT Plant Supt, 239 - 574 -0872 - Keith McGurn, City of Bradenton, WT Superintendent, 941- 727 -6366 Mike Richardson, JEA, WTP Superintendent, 904 - 665 -6819 Ron Weiss, City of Marco Island, RO Plant Supervisor, 239 - 642 -5405 Jeff Poteet, City of Marco Island, Utility Operations Manager, 239 - 389 -5181 Tim Gregory, TOHO Water Authority, WT Superintendent, 407- 518 -0613 - Jim Smith, City of Deltona, Operations Manager, 386 -575 -6800 - Scott Ruland, City of Deltona, Utility Superintendent, 386 -574 -2181 - Pat Henderson, City of Palm Coast, WWT Chief Operator, 386- 986 -2343 Pete Roussell, City of Palm Coast, RO Plant Chief Operator, 386 -931 -8014 Jim Hogan, City of Palm Coast, WT Manager, 386 - 986 -2374 Cal Boris, Applied Specialties, Power Plant Consultant, 813 - 390 -3138 Bill Kuederle, Manatee County, WTP Superintendent, 941 - 746 -3020 Chad Denny, Lee County, WT Superintendent, 239 - 694 -4038 Dennis Lang, Lee County, Utility Operations Manager, 239 - 481 -1953 Mike Missoff, Sarasota County, WT Superintendent, 941 - 316 -1371 Jim Conley, Sarasota County, WT Manager, 941 -861 -1510 Verne Hall, Sarasota County, Utility Operations Manager, 941- 861 -0501 - Sam Butler, City of Ormond Beach, WWT Superintendent, 386- 676 -3592 Steve Park, City of Venice, Chief WT Operator, 941 - 486 -2770, Ext. 236 Andrew Greenbaum, WT Superintendent, Tampa Bay Water, 813 -910 -3246 Shannon Roberts, Polk County, WT Operations Supervisor, 863- 298 -7919 Mark Lowenstine, Polk County, Utility Operations Manager, 863- 298 -4100 Marvin Drake, Plant Chemist, Indiantown Co- generation plant, 561 - 597 -6500 Kay McCormick, Hillsborough County, Water Manager, 813- 264 -3815 Mark Lehigh, Hillsborough County, Water Manager, 813- 744 -5544 Terry Carver, City of Winter Haven, WWT Superintendent, 863 - 291 -5763 Steve Warder, City of Winter Haven, WT Superintendent, 863 - 291 -5767 Dale Waller, Collier County, South WWT Plant Chief Operator, 239- 597 -5355 Jon Pratt, Collier County, North WWT Plant Chief Operator, 239 - 597 -5355 Steve Miller, City of Port Orange, WT Chief Operator, 386- 756 -5380 Pete Williams, FP &L Indiantown, Plant Chemist, 772- 597 -7387 Robbie Parks, United Water, Operations Manager, 904 - 260 -5562 - Jim Parks, City of Stuart, WTP Superintendent, 772 - 288 -5343 Page Two of Odyssey Manufacturing Co. Reference List: - David Parker, St. Johns County, WWTP Superintendent, 904 - 209 -2642 - Jamie Hope, Gainesville Regional (GRU), WRF Director, 353- 393 -6616 - Steve Bozman, Charlotte County, East WRF Superintedent, 941 - 764 -4595 Stephen Kipfinger, Charlotte County, Water Superintendent, 941 - 764 -4555 - Bob Dick, ST Environmental, South Area Manager, 239 - 707 -4275 - Gerry Lebeau, Woodard & Curran Inverness Project Manager, 352 - 474 -9051 - Jon Meyer, U.S. Water, South Area Manager, 239 - 989 -9791 - Bill Johnston, City of Eustis, WWTP Manager, 352 -357 -3777 - Greg Turman, City of Clearwater, RO Plant Superintendent, 727 - 462 -6236 - Craig Dough, City of Tallahassee, WWTP Superintendent, 850 - 891 -1335 - Al Purvis, City of Leesburg, WTP Superintendent, 352 - 728 -9843 - Bob Bogosta, City of Ocala, 352 - 351 -6682 - Carlos Torres, Orange County, WTP Supervisor, 407 - 254 -5405 Utilities Commission City of New Smyrna Beach Bid Form Bid No 07 -11 CHEMICAL ESTIMATED ANNUAL PRICE PER: UANTITY One Ton Cylinders of Chlorine 150 Tons Ton: delivered to the Glencoe Water Treatment Plant, 2640 Paige Ave., New Smyrna Beach, FL One Ton Cylinders of Chlorine To 90 Tons Ton: be delivered to the Water Reclamation Facility, 207 Williamson Blvd., NSB, FL ( forrnerly 3019 SR 44 Hypochlorite Solution To Be 5,000 Gallons Gallon: $,755 Delivered to 4510 SR A1A, New Smyrna Beach, FL Quicklime — to be delivered to the 1500 Tons Ton: )� Water Treatment Plant, 2640 Paige d" Ave, NSB, FL Quicklime — To be delivered to the 200 Tons Ton: Water Reclamation Facility, 207 ��, Williamson Blvd., NSB, FL ( formerly 3019 SR 44 Sodium Silica Fluoride — to be 15,000 Lbs Lb: delivered in 50 #bags to Water Treatment Plant, 2640 Paige Ave., NSB, FL Anhydrous Ammonia - to be 40,000 Lbs Lb: delivered to the Water Treatment Plant, 2640 Paige Ave, NSB,FL Sodium Bisulfite — to be delivered 60,000 Lbs Lb: to 120 N. Causeway, NSB, FL Aluminum Sulfate - To be 200,000 Lbs Lb: delivered to the Water Reclamation Facility, 207 Williamson Blvd., Blvd., NSB, FL C ( formerly 3019 SR 44 L� ITB 07 -11 Water and Wastewater Chemicals The Utilities Commission reserves the right to waive informalities in any quotation, to reject any and all quotations in whole or in part, with or without cause, and/or accept the quotations or portions thereof that in its judgment will be in the best interest of the Utilities Commission. The quotation shall be valid for award within ninety (90) days from the date of opening unless specified otherwise. PRICING LISTED IS FOB DESTINATION FREIGHT ALLOWED. The contract price shall remain firm for one year. BIDS MUST BE SUBMITTED IN DUPLICATE Submitted By: Name of Company: Odyssey Manufact ziw Ccmany Name & Tj Signature: Telephone No.: 813 - 635 -0339 Facsimile No.: 813- 630 -2589 ITB 07 -11 Water and Wastewater Chemicals 32 C# STS FLORID -0 -U '8�- PRO0-9-S 10N 0_3- i�L _ : 58JPARTMENT Q ?aTTSINES RE GULATI ON S_ El RA SEQ#L09052-100875 M=_UICENSE BR: 0.', 8 82--.21L4 9 6 -Th ` RU8INES! O.RGANl ZiT j� .'..��Wdtnedl TiYZ - 9i't": �52_4: Z "de h prov =i . , of Cha pter Expirati'cni. ci t e AUG, 31 2. :,', "THI NOT —A�.ZICENpE�.. TO - PERFORM:` WORK TH AL LOWS , _ �:57-z IT �:HAS. - A QU ALIFIER 7.1 ;E-- i Rg-CTg 4. 4A 4g`� =n FL 519 3Z FY . . .... .. .. .... T-a CHARLES DRAGO V -.,G --Zi' ��y -WA LAW' ' SE CRETARY P. 11 ............. ZS J I V I I nll.l_owrtvvun UUUIN IT OUJI IN CJJ Ii KLC.. CIF' I FACILITIES OR MACHINES P.DOMS SEATS '� EMPLOYEES 0 0 0 40 OCC. CODE BUSINESS TYPE 190.000 .MANUFACTURER - BLEACH 0=201 1 BUSINESS 1484 MASSARO BLVD LOCATION TAMPA 33619 NAME ODYSSEY MANUFACTURING CO MAILING 1484 MASSARO BOULEVARD ADDRESS TAMPA FL 33619 -0000 EXPIRES 9 -30 -2011 - ouono RENEWAL 1 215900.0000 H. WASTE TAX SURCHARGE 40.00 120.00 BUSINESS TALC RECEIPT DOUG BELDEN TAX COLLECTOR PAID - 18047 - 85 HAS HEREBY PAID A PRIVILEGE TAX TO ENGAGE 813 - 635 -5200 08/05/2010 * ** 160.00 IN BUSINESS. PROFESSION, OR OCCUPATION SPECIFIED HEREON. THIS BECOMES A TAX RECEIPT WHEN VALIDATED, 4 SECTION 2.0 REQUIRED CERTIFICATIONS AND REPRESENTATIONS SECTION 2.1 CERTIFICATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS - 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 State 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 subsection (1). 4. In the statement specified in subsection (1), notify the employees 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. 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 complies fully with the above requirements. r C: ZOR SIGNATURE ITB 07 -11 Water and Wastewater Chemicals 12 2.2 Attachment A SWORN STATEMENT UNDER SECTION 287.133(3) (1) FLORIDA STATUES, ON PUBLIC ENTITY CRIlVIES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted Bid, Bid or Contract for Water & Wastewater Chemicals 2. This swom statement is submitted by Odyssey Manufacturing Company [name of entity submitting sworn statement] whose business address is: 1484 MasSaro vd . Tama, Florida 33619 and (if applicable) its Federal Employer Identification Number (FEIN) is (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Patrick Allman and my relationship to the entity named above is General 4. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statues means a violation of any state of federal law be a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state, or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (91) (b), Florida Statues, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court or recording, relating to charges brought by federal or state trial court or recording, relating to charges brought by federal or state trial court or recording, relating to charged brought by indictment or information after July 1, 1989, as a result of just verdict, non jury trial, or entity of a plea of guilty or nolo contendere. 6. I understand the "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues means: (1) A Predecessor or Successor of a person convicted of public crime: or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholder, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of public crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provisions of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, that statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies] ITB 07 -11 Water and Wastewater Chemicals 13 Public Entity Crimes Statement Page 2 of 2 X_ Neither the entity submitting this sworn statement, or one more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate or the entity, has been charged with and convicted of public entity subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] _ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] Date: 7/26/11 `�ignature STATE OF: Florida COUNTY OF: HiLlSborwgh ` PERSONALLY APPEARED BEFORE NE, the undersigned authority, r TIT ' � � A\\sy{ [name of individual signing] who after first sworn by me affixed his/her signature in the space provided above on this D-L, day of ` u L ! , , 20 L t � � ` �. C - N Notary PQ,-. K. S4atc of Florida My commission expires: v f o " M O'Donnell f 1 Notary Public Y My commission D0745083 Expires0 Print, Type, or Stamp of Notary Public ersonally knozo me, or Produced Identi ication: Type of I.D. ITB 07 -11 Water and Wastewater Chemicals 14 2.3 Attachment B NON - COLLUSION AFFIDAVIT OF PRME BIDDER State of Florida County of Hi 11 sborou�#i Patrick AL1man being first duly swom, deposes and says that: He /she is General Mgr. of Odyseg M mj factLUZjM C o13idder that has submitted the attached Bid; He /she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication 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 Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the UCNSB. 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, represen ves, owners, employees, or parties in interest, including this affiant. �i Signed General Mar agex Title Subscribed and sworn to before me this ° day of J_ X `' 20 L k . k ..: v IJotary Public State of Florida Title Marjone Q'Donnell. 3 2 , My Commission DD745083 My Commission Expires: 5 I Expires 0 310 512 01 2 ITB 07 -11 Water and Wastewater Chemicals 15 SECTION 2.7 VENDOR INFORMATION In addition to General conditions, your BID may be disqualified if the following vendor information is not returned with your BID. Vendor is: ( xx ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Other Federal Employer Identification Number or Social Security Number: (Explain) Do you collect Florida State Sales Tax? ( x ) Yes ( ) No Firm Name: Odyssey Mm facta Cmpat1y Mailing Address: 1484 Massaro Blvd. Tampa, Fl 33619 Telephone No. 813 -635 -0339 Fax No. 813 -630 -2589 Email Address:p Web Address: odysseymErnlfactzing.c In 1g. can Commodity or Service Supply: Water & Wastewater Charical.s If vendor is quoting, as a manufacturer's representative and the purchase order should be addressed to the manufacturer in care of the vendor, so indicate. If remittance address is different from the mailing address so indicate below. Firm Name: Mailing Address: same as above Submitted by: Name & Title Printed: Patrick Alhnn, General Mariager ITB 07 -11 Water and Wastewater Chemicals 20 Form W'9 Request for Taxpayer Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ci Name (as shown on your income tax return) m Cr) Odyssey Mmuf M o Business name, if different from above c 0 m rn CL o Individual / ❑ © Corporation ❑ Partnership ❑ Other _________________ Exempt from backup ❑ withholding Check appropriate box: Sole proprietor w Address (number, street, and apt. or suite no.) Requester's name and address (optional) 1484 Massaro Blvd. EL U City, state, and ZIP code U CL Tappa Fl 33619 U) List account numbers here (optional) m co FUM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Uns 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 6 15 +0 181 4 6 13 14 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or aba ment of secureFiv erty, cancellation of debt; contributions to an individual retirement arrangement (IRA), and generally, pay s other th n interest , id nd s, you are not required to sign the Certification, but you must i t provide your correct TIN. (See the ructions 4A g Sign Signature of Here U.S. person / Qate 7/26/11 Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: For federal tax purposes, you are considered a person if you • The U.S. owner of a disregarded entity and not the entity, are: Cat No. 10231X Form W -g (Rev. 11 -2005) ODYSSEY MANUFACTURING CO. January 5, 2010 Mr. Marvin Rakes Odyssey Manufacturing Co. 1484 Massaro Boulevard Tampa, Florida 33619 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS AND CONTRACTS ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom It May Concern, Odyssey Manufacturing Co. is a Delaware corporation licensed to do business in the State of Florida. Patrick H. Allman, Odyssey Manufacturing Co.'s General Manager, has the authority to sign all bid documents and contracts on behalf of Odyssey Manufacturing Company. Sincerely, -�J Marvin T. Rakes President CORPORATE SEAL 2.4 �Aa VY CA48 W) I cz� QUESTIONA FOR BID 07 -11 Additional space may be required. Please answer questions in the order presented. All questions must be answered or contractor may be disqualified. 1. Has your company ever been denied insurance or had insurance canceled? 0 2. Is your company bondable? Has your company ever been denied bond? If yes, explain. ! " D 3. Can your insurance company produce a certificate of insurance stating your limits and naming UCNSB as an Additional Insured? V9� 4. Since January 1, 2001, has your company been a defendant in any lawsuits? l �� 5. Is your company a subsidiary or otherwise legally affiliated with any other company? NC '�- 6. Is your company rated by Dunn & Bradstreet or any other rating agency? If yes, what is the name of the agency and rating? W 7. Is your company in any stage of bankruptcy, including initial filing? PO S. Can you supply us with three (3) business references similar to UCNSB? If yes, attach a list including contact and phone number (Form 2.6 on page 19). A10 9. Has or is your company or any of its principals ever been disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department, agency or any State Government department or agency? E Allied U1 : U&J s �� CG i l t (IBS StyE� J � U O CC �7 516 6I d1 CL �� th Q J Jv ve u.S oaf a �- bJ;iMS5 3U&V .�,e kA'Y'1 5 er on c1 saa we p of n �'�F Ll Lk !fit �-C -SCim& LP&1 ?f '^Y� U--fl -l"s A C ITB 07 -11 Water and Wastewater Chemicals 16 a A4 J Re: CITY OF NEW SMYRNA BEACH BID NO. B 07 -11 WATER AND WASTEWATER CHEMICALS OTHER INFORMATION Additionally, Odyssey makes the following claims or warrants and provides the following additional information to assist the City of New Smyrna Beach in its Bid Evaluation: • Tabs (1) and (7) are required submittals as outlined in the solicitation • The NSF -60 certification for Odyssey Ultrachlor sodium hypochlorite is enclosed • Third party laboratory results for Odyssey Ultrachlor sodium hypochlorite as manufactured by Odyssey Manufacturing at its Tampa facility which will be serving the City of New Smyrna Beach are enclosed. • A Product Specification Sheet for Odyssey Ultrachlor sodium hypochlorite as manufactured at our Tampa facility which will be serving the City of New Smyrna Beach is enclosed. • Safety is extremely important and should be a major consideration in the City of New Smyrna Beach's "informed decision process ". Odyssey Manufacturing has one "Safety Incident" in the past ten years for any chemical that it sells (defined as all chemical accidents, incidents, releases, spills, and National Response Center Notifications ( "safety incidents "). Additionally, I would direct the City of New Smyrna Beach to the National Response Center website ( www .nre.uscg.mil /download.litml where you can download all of the safety incidents of the various bidders. You will see that Odyssey does not have any but our competitors have over thirty. Additionally, please do a website search and call our reference list to ascertain not only our record but those of other suppliers. Our single incident occurred in September 2008 where 700 gallons spilled from a pressurized line during a delivery when a fitting snapped on the tanker before the tanker could be depressurized. Odyssey's General Manager was on -site within two and half hours and directed cleanup/de-chlorination/follow- up sampling efforts. • Emergency Call Data — Below I have listed some of the most recent emergency service call information to assess Odyssey's ability to respond to customer emergencies: 1) 3/6/10 -City of Inverness (Gerry Lebeau, Utility Manager, 352- 474 - 9051). Customer called Odyssey on Friday evening 315110 and stated that their tank was leaking badly on the ground. Odyssey had a crew up thereon Saturday morning 3/6/10 which pumped out the sodium hypochlorite to a temporary tank and kept the water plant on service. 2) 1/8/10 — JEA (Mike Richardson, Utility Supervisor, 904 - 665 -6815) Customer called Odyssey on Friday morning that their sodium hypochlorite tank at the Norwood WTP was leaking badly into the containment. Odyssey dispatched a tanker and crew with temporary tank and pumped out the hypochlorite from the bad tank to the tanker. Additionally, Odyssey setup the temporary tank to allow the water plant to maintain continuous disinfection and remain in service. 3) 12/24/09 — Sarasota County Carlton WTP (Jim Conley, Water Production Manager, 352- 861 -1510) Got a phone call in the morning that their Peace River chlorination line installed several years earlier had broken and they had no way to disinfect the water they were sending out to their system from Peace River. Odyssey immediately dispatched a crew and had located and repaired the leak by that evening. 4) 10/18/09 — Town of Lantana (Clyde Ali, WTP Superintendent, 561 -540 -5751) Odyssey received a phone call on Sunday morning requesting an immediate emergency delivery to the Town of Lantana Water Plant to keep them from issuing a boiled water notice because their regular supplier had failed to make a delivery for over a week. Odyssey provided a delivery to the plant on three hours notice. 5) 1/23/09 — City of Eustis WWTP (Rick Hoeben, WWTP Superintendent, 352- 357 -3777) Got a phone call that new sodium hypochlorite tank installed by Contractor was filled and leaking badly. Immediately dispatched tanker and crew with temporary tank and pumped out their tank to a temporary tank thereby avoiding a reportable spill. Came back and troubleshot problem and found that the contractor had cross - threaded the bolts on the bottom flange fitting and made confined space entry and did repair for the City of Eustis. 6) 5/11/08 — Orange County Econ WTP (Carlos Torres, Orange County, Production Section Water Superintendent, 407 - 254- 9500/5505) Odyssey received a phone call on Sunday morning that they would have to issue a boiled water notice if they could not get a sodium hypochlorite deliver because their regular supplier had failed to make a delivery for a week and they were unable to get them to come despite repeated phone calls. • Technical Support and also emergency points of contact would be our Patrick H. Allman, General Manager (cellular 813- 335 -3444) who has a B.S. in Nuclear Engineering 1983 from the University of Virginia, Marvin Rakes, President (813- 340 -3675) who has a B.S. in Chemical Engineering 1985 from the University of North Carolina State or the on -duty Plant Supervisor (800 - ODYSSEY). Mr. Allman has over twenty five years of industrial plant experience and is an acknowledged expert in chemical systems having designed over 1,000 systems in Florida including assisting with several for the City of Port Orange. Mr. Rakes has over twenty five years of experience managing the operational side of chemical distributors and manufacturers including ten years as the Operations Branch Manager of the largest chemical distributor branch on the East Coast. • A Material Safety Data Sheet (MSDS) is enclosed • A Company Brochure is Attached • A Company Manufacturing Process Flow Chart is Attached demonstrating the superiority of Odyssey's manufacturing process with regard to quality and reliability • Odyssey takes no exceptions to the RFP solicitation • Odyssey Manufacturing Co. is a Drug Free Workplace and has an active program in -place to randomly test its employees as documented by the fact our Worker's Compensation carrier provides us a 5% discount for our program on our rates. • Odyssey hereby certifies and warrants its sodium hypochlorite is supplied in accordance with ANSI/NSF Standard 60 and AWWA B300 -09 (latest revision available at time of the bid) and the product specification contained in the bidding documents. The City of New Smyrna Beach should have a reputable supplier with a strong safety, reliability and quality record to serve their sodium hypochlorite needs for their Utility Department. Odyssey has been that supplier in the past for you and for the overall industry for the past eleven years. Quali Service and Inte rite should natter in the water and wastewater treatment business and especially in public purchasing NovaChem Laboratories Inc Date: 7 September 2010 Call for results over the phone 513- 523 -3605 To: Pat Allman— Odyssey Manufacturing (FAX: 813 - 630 - 2589) Analysis Results Parameter Wt% NaOCI GPL Available Chlorine Trade% Wt% NaOH Calculated pH Wt% Na Specific Gravity C103 mg/L CI mg/L Br0 , mg/L C10 mg/L Fe, mg/L Cu, mg/L Ni, mg/L sodium, g/L (ESTIMATE) Wt% Suspended Solids Filter Test (1,000 mL) Bleach Rec'd 8/28/2010 11.13 124 12.4 0.366 13.0 0.131 1.1690 1,418 73,812 8 <10 0.27 <0.02 <0.02 53 DL = 100 mg/L DL = 100 mg/L DL = 4 mg/L DL = 5 mg/L DL = 0.02 mg/L DL = 0.02 mg/L DL = 0.02 mg/L 0.003 0 min 59 seconds (Millipore 0.8 µM, Type AAWP) 5172 College Comer Pike, P.O. Box 638, Oxford, Ohio 45056 Tel: 5.13 -523 -3605, FAX: 513 -523 -4025 E -Mail: bbubnis @brecnet.com YI ODYSSEY MANUFACTURING CO. MATERIAL SAFETY DATA SHEET REVISED 1 /11 /10 SECTION I CHEMICAL PRODUCT AND COMPANY IDENTIFICATION ODYSSEY MANUFACTURING CO. EMERGENCY RESPONSE NUMBER: 1484 Massaro Boulevard 1- 800 - ODYSSEY (FLORIDA) Tampa, Florida 33619 1- 813 - 635 -0339 (OUTSIDE FLORIDA) 1- 813 - 635 -0339 (24 hours) 1- 813 - 340 -9093 (Control Room Cell Phone) SUBSTANCE: SODIUM HYPOCHLORITE TRADE NAME: Ultra - CHLOR CHEMICAL NAME /SYNONYMS: Sodium Hypochlorite Solution, Bleach Solution, Bleach Liquor, Hypo - solution, Bleach, and Liquid Bleach. CAS NUMBER: 7681 -52 -9 CHEMICAL FAMILY: Alkali FORMULA: NaOCI DOT PROPER SHIPPING NAME: Hypochlorite Solution DOT HAZARD CLASS: 8 (Corrosive) PG III; PG II (For solutions greater than 16% available chlorine) DOT IDENTIFICATION NO: UN1791 RQ: 100 pounds (Approximately 100 gallons of Odyssey Ultrachlor 12.5 Trade Percent Sodium Hypochlorite) DOT EMERGENCY GUIDE NO: 154 SECTION II COMPOSITION,_ INFORMATION ON INGREDIENTS INGREDIENT(S): Sodium Hypochlorite (NaOCI) 10.0 - 20.0% wt Sodium Hydroxide (NaOH) 0.1 - 0.4% wt Water (H 79.7 - 89.9% wt SECTION III HAZARDS IDENTIFICATION NFPA CLASSIFICATION (SCALE 0 -4): Health =2 Fire =O Reactivity- EC CLASSIFICATION (ASSIGNED): C (Corrosive) EMERGENCY OVERVIEW COLOR: Yellow PHYSICAL FORM: Liquid ODOR: Chlorine Odor MAJOR HEALTH HAZARDS: Respiratory Tract Burns, Skin Burns, Mucous Membrane Burns, and Eye Irritation HAZARDOUS MIXTURES WITH OTHER LIQUIDS, SOLIDS, OR GASES: Reacts violently with acids liberating chlorine gas. Also reacts with organic substances. Reaction with water is not exothermic. POTENTIAL HEALTH EFFECTS INHALATION: • SHORT TERM EXPOSURE: Irritation to respiratory tract. May have same as effects reported in other routes of exposure, burns, blisters, nausea, difficulty breathing, and lung congestion. • LONG TERM EXPOSURE: Same as effects reported in short term exposure. SKIN CONTACT: • SHORT TERM EXPOSURE: Irritant, reddening of the skin. May have bums, blisters, and itching • LONG TERM EXPOSURE: Same as effects reported in short term exposure. EYE CONTACT: • SHORT TERM EXPOSURE: Irritation (possibly severe), possible eye damage • LONG TERM EXPOSURE: Same as effects reported in short term exposure. INGESTION: • SHORT TERM EXPOSURE: Burns, vomiting stomach pain, disorientation, bluish skin color, convulsions, coma LONG TERM EXPOSURE: Same as effects reported in short tern exposure. CARCINOGEN STATUS OSHA: N NTP: N IARC: N SECTION IV FIRST AID MEASURES INHALATION: Remove from exposure and get fresh air. Use a bag valve mask or similar device to perform artificial respiration (rescue breathing) if needed. Keep warm and at rest. Get medical attention immediately if artificial respiration is required. SKIN CONTACT: Remove contaminated clothing, jewelry, and shoes immediately. Flush affected area with large amounts of water, preferably a safety shower. Use soap or mild detergent and large amounts of water until no evidence of chemical remains (at least 15 -20 minutes). For burns, cover affected area securely with sterile, dry, loose fitting dressing. If skin is burned, get medical attention immediately. EYE CONTACT: Wash eyes immediately with large amounts of water, occasionally lifting upper and lower lids, until no evidence of chemical remains (at least 15 minutes). Continue irrigating with a normal saline solution until ready to transport to physician. Cover with sterile bandages. Get medical attention immediately. INGESTION: Rinse mouth with water. Drink large quantities of milk (water if no milk is available). Milk of magnesia may be helpful. DO NOT USE ACIDIC ANTIDOTES SUCH AS SODIUM BICARBONATE. When vomiting occurs, keep head lower than hips to help prevent aspiration. If person is unconscious, do not induce vomiting and turn their head to the side. Never make an unconscious person vomit or drink fluids. Get medical attention. NOTE TO PHYSICIAN: For inhalation, consider oxygen. For ingestion, avoid gastric lavage, emesis, sodium bicarbonate and acid solutions. Consider the use of antacids. SECTION V FIRE FIGHTING MEASURES FLASH POINT: Non - flammable FLAMMABLE LIMITS: Non - flammable FIRE AND EXPLOSION HAZARDS: Negligible fire hazard. Toxic fumes can be liberated by contact with acid or heat. EXTINGUISHING MEDIA: Regular dry chemical, carbon dioxide, water, or foam suitable for surrounding fire. For large fires, use regular foam or flood with fine water spray. FIRE FIGHTING: Wear self - contained breathing apparatus and full protective clothing. Move container from fire area if it can be done without risk. Cool containers with water spray until well after the fire is out. Stay away from the ends of tanks. Use extinguishing agents appropriate for surrounding fire. Do not get water directly on material. For large fires, flood with fine water spray. Reduce vapors with water spray. Apply water from a protected location or from a safe distance. Avoid body contact or inhalation of material or combustion by- products. Stay upwind and keep out of low areas. 2 SECTION VI ACCIDENTAL RELEASE MEASURES OCCUPATIONAL RELEASE: Do not touch spilled material. Stop leak if possible without personal risk. For small spills, collect spilled material in appropriate container for disposal and consider absorbing with sand or other non - combustible material (e.g., do not use sawdust or other combustible material). Be advised, however, that the use of absorbing material is creating hazardous waste and this absorbing material must now be disposed of properly. Collect spilled material in appropriate container for disposal. For small dry spills, move containers away from spill to a safe area. For large spills, dike for later disposal. If possible, do not allow material to enter sewers, streams, ponds or storm conduits as concentrated solutions will seriously injure aquatic life. Keep unnecessary people away, isolate hazard area and deny entry. Contain in as small an area as possible, such as a holding area for dilution and neutralization. Contain spill in plastic drums when available. Dispose of in accordance with Federal, State, and local regulations. Personnel engaged in cleanup operations must be equipped with NIOSH approved respirator protection, rubber boots, gloves, and clothing to avoid body contact. Reportable Quantity (RQ) 100 pounds (approximately 100 gallons of Odyssey Ultrachlor 12.5 Trade Percent sodium hypochlorite). In the event of a spill (e.g., defined as any release to the environment), call Odyssey Manufacturing and/or the emergency contact numbers as soon as possible. For releases higher than the Reportable Quantity (RQ), you must notify either the State Emergency Response Commission (U.S. SARA Section 304) at (800) 320 -0519 or the National Response Center at (800) 424 -8802 or (202) 426 -2675 (CERCLA Sectionl03). Both are tied together and will communicate to the other. ADVANCE PLANNING: Plan in advance for an occupational release and have necessary equipment and neutralization agents on -site. Contact Odyssey Manufacturing for assistance. SECTION VII HANDLING AND STORAGE Store in vented, closed containers that provide protection from direct sunlight. Keep separated from incompatible substances and do not store near acids, ammonia, heat, or oxidizable materials or organics. When handling, do not mix with other cleaning agents that may liberate chlorine gas vapors (e.g., acidic agents). Store and handle in accordance with all current regulations and standards. SECTION VIII EXPOSURE CONTROLS AND PERSONNEL PROTECTION EXPOSURE LIMITS: 2 mg/m3 AIHA recommended STEL 15 minute(s) for Sodium Hypochlorite VENTILATION: Provide local exhaust ventilation system. Ensure compliance with applicable exposure limits. EYE PROTECTION: Splash goggles are preferred to a faceshield. Another option is to wear splash resistant safety goggles with a faceshield. Provide an emergency eye wash fountain and quick drench shower in the immediate work area. CLOTHING: It is recommended to wear appropriate chemical resistant clothing to avoid body contact such as a rubber apron or rain suit. Boots are preferred for footwear. GLOVES: Wear appropriate chemical resistant gloves. RESPIRATOR: Under conditions of frequent use or heavy exposure, respiratory protection may be needed. Respiratory protection is ranked in order from minimum to maximum. Consider warning properties before use. • Any chemical cartridge respirator with organic vapor cartridge(s). • Any chemical cartridge respirator with a full facepiece and organic vapor cartridge(s) • Any air - purifying respirator with a full facepiece and an organic vapor canister • Any supplied -air respirator with full facepiece and operated in a pressure -demand or other positive - pressure mode in combination with a separate escape supply (Use for Unknown Concentrations or those that may be Immediately Dangerous to Life or Health) • Any self - contained breathing apparatus with a full facepiece (Use for High Concentrations or those which are immediately Dangerous to Life or Health) SECTION IX PHYSICAL AND CHEMICAL PROPERTIES PHYSICAL APPEARANCE: Liquid APPEARANCE AND ODOR: Clear - Chlorine odor like household bleach. COLOR: Greenish — Yellowish cast MOLECULAR WEIGHT: 74.44 MOLECULAR FORMULA: Na -O -CI BOILING POINT: Degrades at 230 Degrees Fahrenheit FREEZING POINT: 7 Degrees Fahrenheit SPECIFIC GRAVITY: 1.15 - 1.17 at 60 Degrees Fahrenheit PH: Approximately 11 - 13 VAPOR PRESSURE (mm HG): Vapor Pressure of water + decomposition product Vapor Pressure VAPOR DENSITY: Not Available SOLUBILITY IN WATER: Complete VOLATILITY: Not Available EVAPORATION RATE: >1 COEFFICIENT OF WATER /OIL DISTRIBUTION: Not Available SECTION X STABILITY AND REACTIVITY REACTIVITY: Stable at normal temperatures and pressure. CONDITIONS TO AVOID: Avoid heat, flames, sparks and other sources of ignition. Dangerous gases may accumulate in confined spaces. May ignite or explode on contact with combustible materials. INCOMPATIBLES: Acids, metals, amines, combustible materials, reducing agents. Specific reactions with sodium hypochlorite include the following: ACIDS: Violent reaction. ALUMINUM: Corrosive action. AMINES: Form explosive chloramines. AMMONIA: Form explosive chloramines. AMMONIUM SALTS: May form explosive product. BENZYL CYANIDE (ACIDIFIED): Explosive reaction. CELLOLOSE: Violent reaction ETHYLENEIMINE: Forms explosive 1- chloroethyleneimine. FORMIC ACID: Explosive mixture. METHANOL: May form explosive compound. NITROGEN COMPOUNDS: Forms explosive N- chloro compounds. ORGANIC AND COMBUSTIBLE MATERIALS: Fire and explosion hazard. OXALIC ACID: Intense reaction REDUCING AGENTS: Fire and explosion hazard ZINC: Corrosive HAZARDOUS DECOMPOSITION: Thermal decomposition products — Chlorine and Hydrochloric Acid Vapors Decomposition Products — Hypochlorous Acid Vapors POLYMERIZATION: Will not polymerize. SECTION XI SODIUM HYPOCHLORITE TOXILOGICAL INFORMATION IRRITATION DATA: 10 mg eyes —rabbit moderate TOXICITY DATA: Igm/ kg oral- woman; TDLo; 45mg/kg intravenous -man TDLo; 5800 mg/ kg oral -mouse LD50; 140 mg/ kq /9 week(s) continuous oral -rat TDLo CARCINOGEN STATUS: According to the IARC, animal inadequate evidence, human no adequate data, Group 3 (Hypochlorite salts) LOCAL EFFECTS: Corrosive: inhalation, skin contact, eye, ingestion hazards ACUTE TOXICITYLEVEL: Slightly Toxic if ingested MUTAGENIC DATA: Mutation in micro organisms — Salmonella typhimurium lmg / plate ( -S9); DNA repair — Escherichiacoli 20ug/ disc; DNA damage — Esoherichiacoli 420 umoVL; phage inhibition capacity — Esoherichiacoli 103 ug/ well; micronucleus test - non - mammalian species multiple 200 ppb; cytogenetic analysis - non - mammalian species multiple 120 ug/ L; cytogenetic analysis — human lymphocyte 100 ppm 24hour(s); sister chromatid exchange — human embryo 149 mg/ L; cytogenetic analysis — hamster lung 100 mg/ L HEALTH EFFECTS: INHALATION ACUTE EXPOSURE: May cause severe bronchial irritation, sore throat with possible blistering, coughing, stomatitis, nausea, labored breathing, shortness of breath and pulmonary epedema. 10 -20 mg /m3 causes burning of the nose and throat; 40 -60 mg /m3 may be fatal. If sufficient amounts are absorbed, may cause effects as detailed in acute ingestion. CHRONIC EXPOSURE: No data available. SKIN CONTACT ACUTE EXPOSURE: Extent of damage depends on concentration, pH, volume of solution and duration of contact. May cause redness, pain, blistering, itchy eczema and chemical burns. Sensitization reactions are possible in previously exposed persons. CHRONIC EXPOSURE: Effects depend on concentration and duration of exposure. Repeated or prolonged contact with corrosive substances may result in dermatitis or effects similar to acute exposure. Allergic dermatitis has also been reported. EYE CONTACT ACUTE EXPOSURE: May cause redness, pain, and blurred vision. Solutions of 5% splashed in human eyes have caused a burning sensation and later only slight superficial disturbance of the comeal epithelium which cleared completely in the next day or two without special treatment. However, one animal study reports a 5% solution causing only moderate irritation with clearing within 7 days. A higher concentration of 15% tested on rabbit eyes caused immediate severe pain, hemorrhages, rapid onset of ground -glass appearance of the corneal epithelium, moderate bluish edema of the whole cornea, chemosis and discharge for several days. Such eyes have sometimes healed in 2 -3 weeks with slight or no residual corneal damage but they had neovascularization of the conjunctiva and distortion of the nictitating membrane by scarring. CHRONIC EXPOSURE: Depending on concentration and duration of exposure, symptoms may be as those of acute exposure. INGESTION ACUTE EXPOSURE: May cause irritation and erosion of the mucous membranes, vomiting (possibly bloody) and abdominal pain and spasms. A drop in blood pressure, shallow respiration, edema (possibly severe) of pharynx, larynx, and glottis, confusion, convulsions, delirium and coma may occur. Cyanosis and circulatory collapse are possible. Esophageal or gastric perforation and strictures are rare. Death may occur, usually due to complications of severe local injury such as toxemia, shock, perforations, hemorrhage, infection and obstruction. Massive ingestions may produce fatal hyperchloremic metabolic acidosis or aspiration pneumonitis. CHRONIC EXPOSURE: Sensitization reactions are reported in individuals who are exposed in small amounts through their water supply. High doses have caused sperm abnormality in mice. SECTION XII ECOLOGICAL INFORMATION ECOTOXICITY DATA: FISH TOXICITY: 94.0 ug/L 96h hour(s) LC50 (Mortality) Cutthroat trout (Oncorhynchus clarki) INVERTEBRATE TOXICITY: 31.6 ug/L 7 hour(s) 1050 (Species Diversity) Protozoan phylum (Protozoa) ALGAL TOXICITY: 90 ug/L 96 hour(s) LC50 (Mortality) Algae, phytoplankton, algai mat (Algae) PHYTOTOXICITY: 230 ug/L 35 hour(s) (Biomass) Curled pondweed (Potamogeton crispus) OTHER TOXICITY: 2.1 ug/L 28 day(s) (Chlorophyll) Aquatic community (Aquatic community) ENVIRONMENTAL SUMMARY: Highly toxic to aquatic life. SECTION X1H DISPOSAL CONSIDERATIONS Subject to disposal regulations: U.S. EPA 40 CFR 262. Hazardous Waste Number(s): D001. Dispose in accordance with all applicable regulations. SECTION XIV TRANSPORT INFORMATION U.S. DOT 49 CFR 172.101 SHIPPING NAME -UN NUMBER: Sodium Hypochlorite) - UN 1791 U.S. DOT 49 CER 172.101 HAZARD CLASS OR DIVISION: 8 U.S. DOT 49 CFR 172 .101 PACKING GROUP: III (less than 16% available chlorine) / II (16% or more available chlorine) U.S. DOT 49 CFR 172.101 AND SUBPART E LABELING REQUIREMENTS: Corrosive U.S. DOT 49 CFR 172.101 PACKAGING AUTHORIZATIONS: EXCEPTIONS: 49 CFR 173.154 NON- BULK PACKAGING: 49 CFR 173.203 (less than 16% available chlorine) / 49 CFR 173.202 (16% or more available chlorine) BULK PACKAGING: 49 CFR 173.241 (less than 16% available chlorine) /: 49 CFR 173.242 (16% or more available chlorine) U.S. DOT 49 CFR 172.101 QUANTITY LIMITATIONS: PASSENGER AIRCRAFT OR RAILCAR: 5 LITERS / (less than 16% available chlorine) / 1 LITERS (16% or more available chlorine) CARGO AIRCRAFT ONLY: 60 LITERS / (less than 16% available chlorine) / 30 LITERS (16% or more available chlorine) SECTION XV REGULATORY INFORMATION U.S. REGULATIONS TSCA INVENTORY STATUS: Y TSCA 12(b) EXPORT NOTIFICATION: Not listed. CERCLA SECTION 103 (40CFR302.4): Y SODIUM HYPOCHLORITE: 100 LBS RQ SARA SECTION 302 (40CFR355.30) : N SARA SECTION 304 (40CFR355.40) : N SARA SECTION 313 (40CFR372.65) : N SARA HAZARD CATEGORIES, SARA SECTIONS 311/312 (40CFR370.21): ACUTE: Y CHRONIC: N FIRE: N REACTIVE: N SUDDEN RELEASE: N OSHA PROCESS SAFETY (29CFRl S 10.119): N STATE REGULATIONS: California Proposition 65: N EUROPEAN REGULATIONS: EC NUMBER (BINECS) : 231 -668 -3 EC RISK AND SAFETY PHRASES: R31 Contact with acids liberates toxic gas. R34 Causes burns. S '/z Keep locked -up and out of reach of children. S 28b After contact with skin, wash immediately with plenty of soap and water. S45 In case of accident or if you feel unwell, seek medical advice immediately (show the label where possible) S50 Do not mix with incompatible materials. CONCENTRATION LIMITS: C >10% C R 31 -34 5 % <= C< =10% Xi R 31 -36/38 GERMAN REGULATIONS: WATER HAZARD CLASS (WGK) : 2 (Official German Classification) SECTION XVI OTHER INFORMATION For additional information, contact our technical service department. Information contained in this MSDS refers only to the specific material designated and does not relate to any process or use involving other materials. This information is based on data believed to be reliable, and the Product is intended to be used in a manner that is customary and reasonably foreseeable. Since actual use and handling are beyond our control, no warranty, express or implied, is made and no liability is assumed by Odyssey Manufacturing in connection with the use of this information. 5-_� ODYSSEY MANUFACTURING CO. ODYSSEY MANUFACTURING CO. 07/20/10 Ultra -Chlor Sodium Hypochlorite Specification For 12.5 Trade Percent Available Chlorine Item Chemical Formula: Delivered Grams per Liter: Specific Gravity Range: % by Weight Excess Sodium Hydroxide: pH: Weight % Available Chlorine: Weight % Sodium Hypochlorite: lb /gallon Available Chlorine: Gallons required to Obtain l lb of Chlorine: Iron (Fe): Copper (Cu): Nickel (Ni): Manganese (Mn): Selenium (Se): Bromate: Perchlorate (At time of manufacture): Chlorate (At time of manufacture): Viscosity (Varies with temperature): Specific Heat: Thermal Conductivity: Suspended Solids Test (e.g. Filter Test): Hardness (as Calcium Carbonate): Appearance: Guarantees NaOCI in water >120 GPL 1.159 - 1.169 0.15-0.4 12.3-12.7 >10.4 >10.85 >_1 lb /gallon .96 - 1 gallon <0.30 mg /L <0.03 mg/L <0.03 mg /L <0.03 mg /L <.02 mg /L <20 mg /L <10 mg /L <2,000 mg /L 1.75 - 2.50 centipois .90 -.94 Cal. /gm/deg C .2 -.4 W /m/deg C <3 minutes < ppm Greenish- yellow liquid Typical Values NaOCI in water 122 - 125 GPL 1.163 - 1.165 0.25-0.35 12.4-12.6 10.55 - 10.8 11.05 - 11.3 1.03 - 1.04 lb /gallon .96 -.97 gallon .1 -.2 mg/L Not detectable Not detectable Not detectable Not detectable 5 - 10 mg /L Not Detectable 500 -1,000 mg /L 1.75 - 2.50 centipois .91 -.93 Cal. /gm/deg C .3 -.35 W /m/deg C .9 - 1.25 minutes 1 ppm Greenish - yellow liquid Note Product is certified to meet ANSI/NSF Standard 60 and is in compliance with ANSI/AWWA Standard B300 -04. TABLE OF CONTENTS DESCRIPTION PAGE 1. GENERAL TERMS AND CONDITIONS 4 -11 2. REQUIRED CERTIFICATIONS AND REPRESENTATIONS 12 -21 2.1 CERTIFICATE OF DRUG -FREE WORKPLACE FORM 2.2 PUBLIC ENTITY CRIMES FORM (ATTACHMENT "A") 2.3 STATEMENT FOR NON - COLLUSION (ATTACHMENT "B ") 2.4 QUESTIONA RE 2.5 EVALUATION FACTORS 2.6 REFERENCES 2.7 VENDOR INFORMATION 2.8 W -9 3. SCOPE /SPECIFICATION 22 -30 4. BID FORM 31 -32 ITB 07 -11 Water and Wastewater Chemicals 2 SCHEDULE ITB 07 -11 Distribution of the Invitation to Bid June 24, 2011 Deadline for Final Questions by 2:30 PM July 12, 2011 E -mail to mlynch(a,ucnsb.or� Addendum Published by 5:OOPM July 13, 2011 Web Site www.ucnsb. net /purchasing /bid- information.aspx ITB Deadline by 2:30 PM July 28, 2011 Location: UCNSB — 3` Floor Deberry Room 200 Canal St. New Smyrna Beach, Fl ITB 07 -11 Water and Wastewater Chemicals SECTION 1- GENERAL INSTRUCTIONS AND CONDITIONS 1. The term COMMISSION used herein refers to the Utilities Commission, City of New Smyrna Beach, Florida, or its duly authorized representative. 2. The term BIDDER used herein refers to the business organization submitting a bid to the COMMISSION in response to this solicitation. 3. BIDDERS are expected to examine, when applicable, the drawings, specifications, delivery requirements, performance sites and all instructions to satisfy themselves of conditions affecting cost of performing this contract. 4. No material, labor or facilities will be furnished by the COMMISSION unless specifically stated. The BIDDER hereby attests that the prices in this offer have been arrived at independently without consultation, communication or agreement with any competitor for the purpose of restricting competition. 6. The BIDDER warrants that the prices of the items set forth herein do not exceed the prices charged by the BIDDER under a contract with the State of Florida. 7. The BIDDER agrees that the services furnished under this award shall be covered by the most favorable commercial warranties the BIDDER gives any customers for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the COMMISSION by any other provision of this award. 8. A duly authorized representative of the COMMISSION will accomplish . inspection and acceptance of the services purchased herein at the designated delivery point. 9. All invoices resulting from the award of this bid will be paid within 30 days of receipt of invoice or receipt of goods or acceptance of work performed. 10. A Bid Form is provided and a completed original and one duplicate copy shall be returned in a sealed envelope properly marked with Bid number and acknowledgment of receipt of addenda where applicable. It is incumbent upon each bidder to ensure that they have received all addenda before submitting their bid. 11. Bids will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the request for bid. It is the Bidders sole responsibility to assure his/her bid is delivered at the proper time and place of the bid. The Commission will not be responsible for late deliveries or delayed mail. Bids delivered after the time specified shall not be considered, such bids shall remain unopened 12. Carelessness in quoting prices or in preparation of bid otherwise, will not relieve the bidder. Bidders are expected to examine specifications, delivery schedule, extensions, and all terms and conditions in the bid documents. Bids having erasures or corrections must be initialed in ink by ITB 07 -11 Water and Wastewater Chemicals 4 the Bidder. In the event of an extension error(s), the unit price will prevail. Written amounts shall take precedence over numerical amounts. 13. Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered. 14. Public Entity Crimes: UNDER SECTION 287.133(2)(a), FLORIDA STATUTES, A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to 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 amount provided in Section 287.017, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. 15. In the event of a tie bid, a preference is given to vendors submitting certification with the bid of a drug free work place in accordance with Section 287.087 Florida Statutes. This requirement affects all public entities in the State of Florida, and became effective January 1, 1991. 16. Bids shall be addressed and mailed or delivered as specified on page 1. $IDS MUST BE SUBMITTED IN DUPLICATE. 17. In the event an Invitation to Bid is returned as a no bid, "NO BID" shall be properly marked on the outside of the envelope with the bid number. 18. The Commission reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications. 19. Failure of the contractor to deliver within the time specified, or within a reasonable time as interpreted by the Purchasing Authority or failure to make replacements of rejected articles as directed, shall permit the Purchasing Authority to purchase on the open market articles of comparable grade to take the place of those rejected or not delivered. On all such purchases, the contractor shall reimburse the Utilities Commission, within a reasonable time specified by the Purchasing Authority, for any expenses incurred in excess of the defaulted price. Payments due the contractor by the Utilities Commission may be withheld until reimbursement is received. 20. When brand or trade names are used in the bid invitation, it is for the purpose of item identification and to establish standards for quality; style and features. Bids on equivalent items will be considered unless items are noted as no substitutes. Equivalent bids must be accompanied by descriptive literature and /or specifications to receive consideration. Demonstrations and/or samples may be required and shall be at not charge to the Utilities Commission. The UTILITIES COMMISSION reserves the right to determine if bid goods are equivalent to specified goods. ITB 07 -11 Water and Wastewater Chemicals 21. Awards shall be made as required for the best interest of the Commission. The right is reserved to make award(s) by individual items, group of items, all or none, or any combination thereof, with one or more suppliers. 22. Uniform Commercial Code (Applicable Only for the Purchase of Goods)- The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded vendor /contractor and Utilities Commission, for any terms and conditions not specifically stated in this Invitation to Bid. 23. Availability of Funds - The obligations of the Utilities Commission under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Utilities Commission, or other specified funding source for this procurement. 24. EEO Statement- Utilities Commission, is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age and gender. 25. Bid Tabulation and Results- Bid tabulations shall be available upon written request ten (30) days after opening or when an award is made whichever comes first. Requests may be faxed to (3 86) 424 -2748. 26. Contractual Agreement- This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document and response. Any and all legal actions associated with this Invitation for Bids and /or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. 27. Prop rietary/Restrictive Specifications- Prospective bidders who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Materials Management Department upon receipt of this Invitation for Bids and rp for to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Invitation for Bids. 28. Indemnification for Tort Actions/Limitation of Liability- The provisions of Florida Statute 768.28 applicable to the Utilities Commission, City of New Smyrna Beach apply in full to this contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the Utilities Commission acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the Utilities Commission acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered as a result of any act, event or failure to act. ITB 07 -11 Water and Wastewater Chemicals The Utilities Commission shall not be liable in tort for the acts or omissions of an officer, employee or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. To the fullest extent permitted by law, the vendor shall defend, indemnify, and hold harmless the Utilities Commission, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the Utilities Commission. Provided, however, if the contract between the Utilities Commission and the Contractor is deemed by a court of competent jurisdiction to be a construction contract for purposes of Section 725.06, Florida Statutes, any obligation of the Contractor to defend, indemnify or hold harmless the Utilities Commission, shall be limited to an obligation to indemnify or hold harmless the Utilities Commission, its officers and employees from liability damages, losses, and costs, including but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the contractor and persons employed or utilized by the Contractor in the performance of the contract. 29. Conflict of Interest of Officers or Employees of the Contracting Entity/Local Jurisdiction, Members of the Local Governing Body, or Other Elected Officials - No member or employee of the contracting entity/local jurisdiction or its designees or agents; no member of the governing body; and no other public official of the Utilities Commission who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest. 30. Employee Conflict of Interest - It shall be unethical for any Utilities Commission employee to participate directly or indirectly in a procurement contract when the Utilities Commission employee knows that: (1) The Utilities Commission employee or any member of the Utilities Commission employee's immediate family has a financial interest in the procurement contract; or (2) any other person, business, or organization with whom the Utilities Commission employee or any member of a Utilities Commission employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. A Utilities Commission employee or any member of a Utilities Commission employee's immediate family who holds a financial interest in a disclosed blind trust shall not be ITB 07 -11 Water and Wastewater Chemicals 7 deemed to have a conflict of interest with regard to matters pertaining to that financial interest. 31. Gratuities and Kickbacks (1) Gratuities. It shall be unethical for any person to offer, give, or agree to give any Utilities Commission employee or former Utilities Commission employee, or for any Utilities Commission employee or former Utilities Commission employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity Utilities Commission in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. (2) Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub - contractor or any person associated therewith, as an inducement for the award of a subcontract or order. (3) Contract Clause. The prohibition against gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation therefore. 32. Employment of Former Utilities Commission Employees by any Person, Business, or OrEanization Contracting with the Utilities Commission. It shall be a violation for any person, business or organization contracting with the Utilities Commission to employ in any capacity, any former Utilities Commission employee or member of the Utilities Commission employee's immediate family within one year of that employee's separation from employment with the City, unless the employer or the former Utilities Commission employee files with the Utilities Commission Clerk a disclosure statement on a form to be provided for that purpose, stating the date of employment of the former Utilities Commission employee by the employer. ITB 07 -11 Water and Wastewater Chemicals 33. INSURANCE: The Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to Commission. Minimum Coverage Amounts and Limits (a) Worker's Compensation Statutory requirements at location of work Employer's Liability $ 100,000 Each occurrence $ 300,000 Disease, aggregate $ 100,000 Disease, each employee (b) General Liability $1,000,000 General Aggregate $1,000,000 Products —Comp Ops Agg $ 500,000 Each Occurrence $ 50,000 Fire Damage $ 5,000 Medical Expense (c) Automobile Liability $1,000,000 Combined Single Limit (owned, hired and non - owned) Option of Split Limits: (1.) Bodily Injury $ 500,000 Per Person $1,000,000 Per Accident (2.) Property Damage $ 500,000 Coverage shall apply to the indemnity agreement and shall include the UTILITIES COMMISSION, their officers and employees, each as additional insured but only as regards to their liability arising out of Contractor's performance of the work or out of operations performed by others on behalf of Contractor under this Contract. The insurance as afforded to such additional insured shall state that it is primary insurance and shall provide for a severability of interest or cross - liability clause. Prior to commencing performance of any work or site mobilization, Contractor shall furnish the Utilities Commission with Certificates of Insurance (identifying on the face thereof the Project name and Contract number) as evidence of the above required insurance and such Certificates shall provide for thirty (30) days written notice to the Utilities Commission prior to cancellation thereof. The Utilities Commission is not maintaining any insurance on behalf of Contractor covering loss or damage to the work or to any other property of Contractor unless otherwise specifically set forth herein. None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this contract. ITB 07 -11 Water and Wastewater Chemicals 9 Contractor shall deliver the original Certificate of Insurance and one copy to the agent of the Utilities Commission. Notices, in original and one copy, of cancellation, termination and alternation of such policies shall also be provided to the agent of the Utilities Commission. 34. WARRANTY AND ACCEPTANCE All material shall be new and workmanship shall be first class in every respect. The work shall be subject to inspection and acceptance by Commission. Contractor guarantees its work hereunder for a period of 12 months after completion and acceptance of the work unless otherwise set forth herein. In the event Commission discovers defects in material or workmanship at any time before the expiration of the specified warranty period, Contractor shall, upon written notice from Commission, repair or replace at its sole expense any such defects. Commission may perform such repairs or replacements by other reasonable means and Contractor agrees to pay for such corrective measures. Neither acceptance of the work by Commission nor payment shall relieve Contractor from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein. 35. LAWS, REGULATIONS, PERMITS AND TAXES: Contractor shall comply with Commission's jobsite procedures and regulations and with all applicable local, state and federal laws, rules and regulations and shall obtain all permits required for any of the work performed hereunder. Contractor shall procure and pay for all permits and inspections required for any of the work performed hereunder and shall furni any bonds, security or deposits required to permit performance of the work. Contractor shall, to the extent permissible under applicable law, comply with the jobsite provisions which validly and lawfully apply to work on the specific jobsite being performed under this Contract. 36. WORK RULES, SECURITY: For work performed on Commission premises, Contractor shall strictly observe Commission work rules and security requirements. All work shall be carried out during normal Commission working hours unless specifically agreed to in writing by Commission. Contractor shall, at Commission's request remove from site any employee whom Commission deems to be incompetent, dishonest or uncooperative. 37. CHANGES: Commission may, at any time, direct in writing additions, deletions or changes to all or any part of the work. If any such changes cause an increase or decrease in the cost of or in the time required to perform such work, Contractor shall submit detail information substantiating such claims and an equitable adjustment shall be made to the price or time of performance. 38. RELEASE AGAINST LIENS OR CLAIMS: Contractor shall promptly pay all claims of persons or firms furnishing labor, equipment or materials used in performing the work hereunder. Commission may require Contractor to submit satisfactory evidence of payment and releases of all such claims. If there is any evidence of any such unpaid claim, the Utilities Commission may withhold any payment until Contractor has famished such evidence of payment and release. 39. ASSIGNMENT: Any assignment by Contractor of this Contract or of any rights hereunder or hypothecation thereof in any manner, in whole or in part, by operation of law or otherwise, without the prior written consent of the Utilities Commission shall be voided. 40. SAFETY AND FIRE PREVENTION: Contractor shall at all times conduct all operations under the Contract in a manner to avoid risks of bodily harm to persons, damage to any property and fire. Contractor shall be responsible to take all precautions necessary and continuously inspect all work, materials and equipment to discover, determine and correct any such conditions which may result in any of the aforementioned risks. ITB 07 -11 Water and Wastewater Chemicals 10 THE UTILITIES COMMISSION RESERVES THE RIGHT TO WAIVE INFORMALITIES IN ANY BID, TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART, WITH OR WITHOUT CAUSE, AND /OR ACCEPT THE BIDS OR PORTIONS THEREOF THAT IN ITS JUDGMENT WILL BE FOR THE BEST INTEREST OF THE UTILITIES COMMISSION. ITB 07 -11 Water and Wastewater Chemicals 11 SECTION 3 — SCOPE This is a sealed Invitation to Bid issued by The Utilities Commission, City of New Smyrna Beach for our annual requirements of water and wastewater chemicals. The Utilities Commission previously participated in Volusia Council of Governments (VCOG) Cooperative Bid. The requirements listed in the following pages are strictly for the use of The Utilities Commission, City of New Smyrna Beach. The period of this contract shall commence on October 1, 2011 and continue through September 30, 2012. PRICES QUOTED IN YOUR BID RESPONSE MUST BE FOB DESTINATION, FREIGHT ALLOWED. CONTRACT PRICE MUST REMAIN FIRM FOR ONE YEAR. Specifications and estimated annual usage are provided herein. Estimated usage is for bidder information and evaluation only and no warranty is given or implied as to the actual quantity that will be purchased. The Utilities Commission requires an authorized person at the delivery location to sign the loading ticket. A copy of the chemical analysis shall be available for inspection before acceptance of the delivery. Specific delivery requirements are contained within the individual specifications. ITB 07 -11 Water and Wastewater Chemicals 22 SECTION 4- SPECIFICATIONS Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR LIQUID CHLORINE QUANTITY: 1 TON CYLINDERS- 240 Tons FY 11 -12 To be furnished in accordance with the following general specifications and shall conform to the standards prescribed by the standard ANSI /AWWA B301 -99 and standard operating procedure (SOP) of the Chlorine Institute. Liquid chlorine shall be for water purification at the Glencoe Water Treatment Plant and the Water Reclamation Facility. Bidders are to specify price delivered to the water and wastewater treatment plants. Delivery will be accepted when and as needed and shall be made within 96 hours of notification of need. Supplier shall be responsible for loading and unloading of chlorine cylinders. Chlorine deliveries are to be delivered by truck with a crane (Cherry Picker). Bidders are to specify price delivered F.O.B. Glencoe Water Treatment Plant 2640 Paige Avenue, New Smyrna Beach, Florida and the Water Reclamation Facility 3119 S.R. 44, New Smyrna Beach, Florida. Delivery will be accepted when and as needed. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 23 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR HIGH CALCIUM BULK QUICKLIME QUANTITY: 1700 Tons FY 11 -12 To be furnished in accordance with the following general specifications and shall conform to the standards as set forth by the AWWA B202 -02 regarding quicklime except as amended by the Utilities Commission, New Smyrna Beach, in the following manner: 1. The standards shall read 90% available Calcium Oxide. Section 1.4.1 through 1.4.2 shall be omitted. The quicklime shall be delivered into the lime storage bins by truck, to the Glencoe Water Treatment Plant 2640 Paige Ave, New Smyrna Beach, FL and the Water Reclamation Facility 3119 S.R. 44., New Smyrna Beach, FL, for the purpose of water treatment and shall be of a size as required for optimal performance in existing slaking equipment at the above mentioned Plants. The Water Plant Superintendent shall specify size requirement prior to the beginning of the contract. Delivery will be accepted when and as needed and shall be made within forty-eight (48) hours upon notification of need. Each shipment will be accompanied by a chemical analysis indicating the availability of calcium oxide, temperature rise in 3 min., and insoluble matter. The Utilities Commission, New Smyrna Beach reserves the right to inspect and make laboratory analysis of each load. Should the lime fail to meet the specifications and standards as amended and set forth by the Utilities Commission, New Smyrna Beach and the A.W.W.A. B202 -93, it shall be rejected. If it is necessary for the City to reject more than five (5) loads, it shall be grounds for the termination of said contract. It shall also be terminated if it is determined that any chemical or physical quality of the lime renders it incompatible with the water treatment process or equipment in use at the water treatment plant and it is necessary to purchase more than 5 loads from an alternate source due to this incompatibility. Bidders are to specify price delivered F.O.B. site of use, to the Glencoe Water Treatment Plant 2640 Paige Ave, New Smyrna Beach, FL and the Water Reclamation Facility 3119 S.R. 44, New Smyrna Beach, FL. Bid price shall be firm for the contract duration. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 24 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR SODIUM SILICOFLUORIDE (SODIUM FLUOROSILICATE) QUANTITY: 15,000 LBS FY 11 -12 To be furnished in accordance with the following general specifications and shall conform to the standards prescribed by the standard ANSUAWWA B702 -99. The sodium silicofluoride (Na shall have a minimum of 98% sodium silicofluoride which corresponds to approximately 59.4% fluoride (F), insoluble water not more than 0.5 %, moisture not more than 0.5 %. Each shipment will be accompanied by chemical analysis to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. Glencoe Water Treatment Plant, 2640 Paige Ave. New Smyrna Beach, FL, delivered in fifty pound (50 lb.) plastic lined multi -paper bags. UCNSB can accept only one pallet at a time. Delivery will be accepted when and as needed. Suppliers shall provide 24 hours notice prior to delivery and shall be responsible for unloading at the delivery site. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 25 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR ANHYDROUS AMMONIA QUANTITY: 40,000 LBS FY 11 -12 Anhydrous ammonia shall be supplied for use at the Glencoe Water Treatment Plant, 2640 Paige Ave., New Smyrna Beach, FL. Supplier shall deliver to a 1,000 gallon tank at this location. Delivery shall be accepted when and as needed. Anhydrous ammonia provided shall be in accordance with the following general list of physical properties. Ammonia (NH3) content 99.99% minimum Oil 2 ppm maximum Each shipment shall be accompanied by a chemical analysis report to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. Glencoe Water Treatment Plant, 2640 Paige Ave., New Smyrna Beach, FL. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 26 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR ALUMINUM SULFATE QUANTITY: 200,000 DRY LBS FY 11 -12 Aluminum Sulfate is used as a phosphorous removal aid at the Utilities Commission, New Smyrna Beach, Water Reclamation Facility, 3119 S.R. 44, New Smyrna Beach, Florida. The Aluminum Sulfate shall be in liquid form containing water - soluble aluminum and shall meet the following minimum chemical specifications: • Alum Solution: 48.5% • Viscosity: 30 Centistokes • Specific Gravity: 1.35 to 1.48 • pH: 2.0 to 2.4 • Temperature: Ambient Delivery shall be in "bulk" quantities of 1,000 gallons /11,080 lbs. per delivery to an existing on- site 1,200 gallon storage tank on an as needed basis and shall be made within 96 hours of notification of order. The supplier shall be responsible for unloading on site to a provided two (2) inch PVC male Cam Lock quick coupling connection. Each shipment shall carry with it some means of identification. The following information shall be legibly marked on each package, drum, other container or bulk shipment: • Contents: Aluminum Sulfate • Net weight • Name of manufacturer • Brand name, if any Bids will be accepted only for those products that produce the desired results of reducing phosphorous levels below one (1) mg/L in the Water Reclamation Facilities effluent. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMNIISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE ITB 07 -11 Water and Wastewater Chemicals 27 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR LIQUID SODIUM BISULFITE QUANTITY: 60,000 LBS FY 11 -12 Sodium Bisulfite shall be used for the purpose of dechlorination at the Dechlorination Facility 120 North Causeway, New Smyrna Beach, Florida and shall be furnished in accordance with the following general specifications. The Sodium Bisulfite shall be a liquid solution of approximately 38% to 42% solution strength with a specific gravity of 1.31 to 1.36 at room temperature of 60 °F and a pH of 4.0 to 4.8. The sulfur dioxide equivalent shall be from 23.4% to 24.8 %. The iron content shall not exceed 3ppm and heavy metals shall not exceed 5ppm. Supplier shall deliver to a 2,000 gallon tank (Delivery Max 2,000 gals. / Min 500 gals.) at the Dechlorination Facility. Delivery shall be accepted when and as needed. Each shipment shall be accompanied by a chemical analysis report to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. Dechlorination Facility 120 North Causeway, New Smyrna Beach, Florida. Delivery must be between Tuesdays — Thursdays between Sam — 4pm IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 28 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR HYPOCHLORITE SOLUTION (BLEACH) QUANTITY: 5,000 GALLONS FY 11 -12 To be furnished in accordance with the following general specifications. 10 % Hypochlorite Solution, 8, UN1791, PG11, CORROSIVE BLEACH Must meet NSF No. 60 Standard. Must be usable in drinking water. Each shipment will be accompanied by chemical analysis to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. 4510 SR AIA New Smyrna Beach, FL. Delivery will be accepted when and as needed. 425 Gallon Tank. Suppliers shall provide 24 hours notice prior to delivery. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 29 UTILITIES COMMISSION City of New Smyrna Beach Bid No 07 -11 Estimated Quantities Chemical Delivery Delivery Delivery Location Delivery Quantity Location Location Dechlorination Location Total Glencoe Water Water Facility South Beach Treatment Reclamation 120 North Pumping Plant Facility Causeway, New Station 2640 Paige 207 Williamson Smyrna Beach, FL 4510 SAlA Ave Blvd., New New Smyrna New Smyrna Smyrna Beach, Beach, FL Beach, FL FL Hypochlorite 5,000 5,000 Solution Gallons Gallons Chlorine 150 Tons 90 Tons 240 Tons Q uicklime 1500 Tons 200 Tons 1700 Tons Anhydrous 40,000 Lbs 40,000 Lbs Ammonia Sodium Silica 15,000 Lbs 15,000 Lbs Fluoride Sodium 60,000 Lbs 60,000 Lbs B isulfite Aluminum 200,000 Lbs 200,000 Lbs Sulfate ITB 07 -11 Water and Wastewater Chemicals 30 2.5 EVALUATION FACTORS Bids shall include all of the information solicited in this ITB, and any additional information that the Bidder deems pertinent to the understanding and evaluating of the bid. Bids shall be organized and sections tabbed in the following order. The Bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. All proposals shall include, at a minimum, the following information. Failure to supply all of the information requested may result in the bid being excluded from consideration. Factor #1 Experience: Provide a profile showing the company history, business structure, and list of principals. Factor 42 References: Submit a detailed list of clients receiving similar services within the last five years. Please include a brief description of the scope of work performed and the name, phone number and email address of the contact person. You may use form 2.6, which is page 19. Factor #3 Pricing: Submit Bid Proposal from page 31. PRICING MUST BE FOB DESTINATION FREIGHT ALLOWED. CONTRACT PRICE MUST BE FIRM FOR ONE YEAR. Factor 44 License: Submit a copy of your current applicable Licenses. Factor #5 Public Entity Crimes and Non - collusion Affidavit All Bidders shall properly complete, notarize and submit Attachments "A" and `B" here. ITB 07 -11 Water and Wastewater Chemicals 17 Factor #6 Addenda Acknowledgement Please submit all addenda (if any) related to this bid here. Factor #7 Questionnaire The Questionnaire responses should be submitted here. Factor 48 Other Information Provide any information that will provide insight to the evaluators about the qualifications, fitness and abilities of the Bidder. This information should be succinct. ITB 07 -11 Water and Wastewater Chemicals 18 ODYSSEY MANUFACTURING CO. September 22, 2011 Mr. Charles W. Turner, III Utility Operations Manager City of Sanford Wastewater Treatment Plant 3450 Cameron Avenue Sanford, Florida 32771 Re: PROPOSAL TO SUPPLY BULK SODIUM HYPOCHLORITE TO THE CITY OF SANFORD UTILITIES DEPARTMENT FOR FY 2012 Dear Charles, The purpose of this letter is to provide the City of Sanford a proposal to continue to use sodium hypochlorite at your Utilities in bulk deliveries for next year. As you know, you have been "piggybacking" off of the City of Palm Coast's sodium hypochlorite bid for Odyssey Manufacturing Co.'s Ultra Chlor 12.5% sodium hypochlorite at a unit price of $.795 per gallon for the past year. This contract expires on September 30, 2011 and the City of Palm Coast elected to piggyback another contract in lieu of issuing a bid. As such, Odyssey is pleased to offer the City of Sanford Utilities Department its Ultrachlor 12.5 Trade Percent sodium hypochlorite for the firm lump sum price of $.755 per gallon effective October 1, 2011 through September 30, 2012 to your "bulk" tanks at any of your Utility sites that are tanker accessible (NET 30). This price is fixed and not subject to any escalation or fuel or other surcharges during this period. The City of Sanford would "piggyback" off of the recent City of New Smyrna Beach sodium hypochlorite bid. I have attached a copy of the bid package, bid and bid tab and renewal information. Maureen Lynch is the Materials Manager for the City of New Smyrna Beach @386- 424 -3046. Odyssey guarantees deliveries on 48 hours notice. However, in no event, will Odyssey Manufacturing ever let you run out of bleach for any reason and will make emergency deliveries on a much shorter notice with no minimum delivery required at no additional charge. As we discussed, this proposal is based on "bulk" deliveries (typically tanks at least 800 gallons) to customer -owned tanks. Additionally, Odyssey would agree to meet the attached "Product Guarantees" that was incorporated into our proposal to New Smyrna Beach. We are pleased we were able to lower our pricing to the City of Sanford for the upcoming year by $.04 per gallon or about 5.1 %. We have aggressively implemented measures to control our manufacturing costs despite rising raw material pricing over the past year. Unfortunately, there are numerous environmental factors on the horizon that will probably push pricing up in the future in FY 2013 to over $.80 per gallon so you should budget accordingly in those future years. Odyssey Manufacturing is the largest sodium hypochlorite manufacturer in the southeast and our sodium hypochlorite currently serves the majority of the water and wastewater plants that use bulk bleach in peninsular Florida. We have also done a significant number of "turn-key" installations and have also installed storage tanks at many locations and assisted customers with their conversions. As part of its chemical supply contract, Odyssey agrees to provide unlimited technical assistance at your plants at no charge. As you are aware, we have provided the City of Sanford with a variety of technical assistance in the past eight years including loaning at no charge temporary equipment at your WWT plant for almost two years and two turnkey projects at your WT plant and Booster Station. As we discussed previously, we manufacture only one product, sodium hypochlorite, utilizing a Kvaerner Chemetics chlor- alkali plant integrated with a Powell Continuous Bleach Plant. As the only chlor- alkali manufacturing facility in Florida, we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on -site out of salt and demineralized water utilizing a membrane cell electrolysis process. Not only does this process result in high quality bleach, but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. The following additional information is provided to assist in you: In addition to the guaranteed pricing, the City of Sanford will achieve additional cost savings in two areas with the Odyssey Ultrachlor. First, Odyssey Ultra Chlor contains virtually no metal impurities. This lack of metal impurities (primarily nickel and cobalt) means less gassing of the bleach which is a form of decomposition and translates to a significantly longer half -life (e.g., lower decomposition rate) on the order of magnitude of 10% to 100 %. This factor by itself should decrease total consumption by approximately 10% or so depending on how long the product is stored prior to being used thus resulting in cost savings. Additional cost savings will also result from reduced O &M expenses since you will not have any feeder system pluggages caused by high suspended solids (e.g., the black goo on the inside of sodium hypochlorite tanks) or gassing (from metal impurities). Other benefits include reduced bromate levels (a known carcinogen which became regulated in drinking water beginning January of 2004) and reduced perchlorate and chlorate levels (EPA has recently issued proposed rulemaking to regulate these substances in drinking water). Another advantage is that Odyssey never misses a delivery and has made numerous same day emergency deliveries to your facility to ensure regulatory compliance! Thank you for your consideration. As you know, sodium hypochlorite is an engineered product and not a commodity. It is the most essential product used to ensure regulatory compliance in your water and wastewater treatment plants. We have turned this engineered product into a truly superior service that not only saves you money in your operations but we have and continue to provide significant technical support to the City of Sanford in its utility operations at no additional charge. We look forward to the opportunity to continue to serve your sodium hypochlorite needs in the future. Please do not hesitate to contact me at (813) ODYSSEY or cellular (813) 335 -3444 if I can be of further assistance. Thanks again for your business and continued support. el Patr' man General Manager Utilities Commission, NSB P.O. Box 100 200 Canal Street New Smyrna Beach FL 32170 -0100 Purchase Order No. P000010023 P.O. number must appear on all correspondence. Date: 8/22/2011 Vendor: Odyssey Manufacturing Co 1484 Massaro Blvd Tampa FL 33619 Attention: Patrick Allman, GM Phone: (800) 639 -7739 Ext. 0000 Fax: (813) 630 -2589 Ext. 0000 Vendor #: ODYS100 Ship To: 4510 State Road Al New Smyrna Beach FL 32169 Confirm Wlth: Rob D 386 -424 -3191 Page: 1 PLEASE FAX ORDER CONFIRMATION TO: (386) 424 -2748 Please ship merchandise subject to conditions printed on this order. State Sales Tax Exemption Certificate No. 85- 8012527327C -6 A Changed Since the Previous Revision Item.,Nhinber . Re :Dater UIM Ordered j , Unit Price Exti: Price - �rJ Descr 1 1 0 11 fit.. .."x a , a�h _—z;? r , ,-•� `�,. f '� . -_fir ..{ * '� PI'O eCt +�5'. -? v: 1 SERVICE CONTRACT 9/30/2012 Gal 5,000.0000 $0.7550 $3,775.00 Sodium Hypochlorite Solution- Estimated Annual Quantity 5,000gal REQ1101887 South Beach Pumping Station Must Meet NSF No. 60 Standard. Usable in Drinking Water. Deliveries As Needed /As Directed. 24hr Notice Priorto Delivery. A/C 320 - 020- 641 -6229 FY 12 (10/01/11 - 09/30/12) Appv'd Reg UC Mtg 09/19/11 Agenda Item 2 -d Terms, Specs, & Conditions per ITB 07 -11 775.00 $0.00 1 -w-0-f e-`T�ah 1 $3,775.00 Unless otherwise stated herein all prices are F.O.B "Ship To" point listed above with freight prepaid by shipper. All Invoices will be paid within 30 days of: Receipt of Invoice, Receipt of Goods or Acceptance of Worked Performed. Authorized Signature UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM ADM. OFFICE USE ONLY: x CONSENT ITEM ❑ NEW BUSINESS ❑ OLD BUSINESS FOR MEETING OF: September 19, 2011 FROM: Director of Finance SIGNATURE: EXHIBITS: Award Recommendation SUBJECT: Bid No 07 -11 Water and Wastewater Chemicals SUMMARY: Invitation to Bid No 07 -11 for the purchase of our annual supply of chemicals used in the treatment of water and wastewater was broadcast on Demand Star on June 23, 2011. Forty Nine (49) potential bidders downloaded the bid documents. Sixteen bids were received. It is recommended that the annual supplies for the contract period October 1, 2011 to September 30, 2012 of Hypochlorite Solution, Sodium Silica Fluoride, Anhydrous Ammonia, High Calcium Quicklime, Sodium Bisulfite, Al Sulfate and Liquid Chlorine be awarded as follows: Odyssey Mfg. $3, 775 Brenntag $6, oo Air as Specialty Products $26,800 Cheney Lime $267,124 Cheney Lime $41,o96 Thatcher Chemical $8,1oo General Chemical $33,200 Jones Chemical $37,8 Jones Chemical $63,o The funds are from account numbers: 320 - 020 - 641 -6229, 320 - 020 - 641 -6219, 320 - 020 -641 -6223, 320 -020- 641 -6225, 360 - 030 - 741 -6230, 360 - 030 -741 -6224, 360 - 030 -741 -6231, 320 - 020 - 641 -6221 RECOMMENDED ACTION: A motion to award PO Nos. 10023 For $3,775 to Odyssey Mfg, PO No 10022 for $6,300 to Brenntag, PO No 1oo10 for $26,800 to Airgas Specialty Products, PO No 1oo29 for $267,124 to Cheney Lime, P.O. No 10024 for $41,096 to Cheney Lime, PO No 10025 for $8,1oo to Thatcher Chemical, PO No 10026 for $33,200 to General Chemical, PO No 10027 for $37,845 to Jones Chemical and PO No 10028 for $63,075 to Jones Chemical; for a total amount awarded of $4 8 7,3 1 5 under ITB 07 -11 for water and wastewater chemicals. Utilities Commission City of New Smyrna Beach MEMORANDUM Date: September 19, 2011 To: General Manager /CEO From: Board of Award subject: Bid No 07 -11 Water and Wastewater Chemicals for FY 2011 -2012 Invitation to Bid No 07 -11 for the purchase of the annual supply of chemicals used in the treatment of our water and wastewater was broadcast and advertised through Demand Star on June 23, 2011. Forty Nine (49) potential bidders downloaded the Invitation to Bid. Sixteen (16) bids were received, opened and read publicly on July 28, 2011. Based upon evaluation of the bids, award is recommended to the responsible evaluated low bidders based on price and delivery. (Note — Due to recent changing of treatment lime at wastewater plant is for contingency only, ordering on an as needed basis.) WATER CHEMICALS VENDOR PO# QTY /UNIT PRICE TOTAL Hypochlorite Solution Odyssey Mfg. 10023 5,000 @ $0.7550 $3, 775 Sodium Silica Fluoride Brenntag 10022 15,000 @ $42 $6, oo Anhydrous Ammonia AirGas Specialty 10010 40,000 @ $ .67 $26,800 Calcium QuickLime Cheney Lime 10029 1300 @ $205.8 $267,12 Liquid Chlorine Jones Chemical 1 10028 1 150 @ $420.50 $6 o WASTEWATER CHEMICALS VENDOR PO# QTY /UNTr PRICE TOTAL Sodium Bisulfite Thatcher Chemical 10025 6o,000 @ $.135 $81o.o Aluminum Sulfate General Chemical 10026 200 @ $.166 $33,200 Calcium Quicklime Cheney Lime 10024 200 @ $205.48 $41,o96 Liquid Chlorine Jones Chemical 10027 90 @ $420.0 $3784 Maureen Lynch Materials Manager Dave Hoover Director of Water Resources Brian Bilinksi Acting Director of Finance V O O U'1 u1 N N E u C U C L U Ol Ql N N lD lD N NO N 7 N E L U 00 Q1 .00 Q1 UJ Cf' d• � N O 00 41 C /V\ C O L m O Q� O L > _U N m 00 Ct 00 Ct oq UJ O O cu > cu N a O O > O (9 U U CL ul m /V\X L Q :2 c c H � c H c H v CU a) cc V) Ln n3 c .o c n. M o ° u1 a > c O O E u U G Ln N Z L O O O O N U N L N L � 0_ O O rl 0) � Q� O ° J � C C � m C Q .0 Ln N t0 N O N m Q Q 7 N U CD j. U co •i! O Q) 01 .V N m V) O Ln m C O a 0 Ln H F 0 > � r O >, •3 •3 'O > - O 7 O 0 N 0 N 2 Q Cl C7 L n N Q Q v U Q p - o u1 Lr, 0 0 N � It E X#Vvvv L U N C O vv J t9 0 U 0- Ln m V o rn m C7 0 cu E a� (0 Cl L L o p O p C) C}' 00 m N c-1 c 0 E 0 ° o ° o 0 0 r- r- U a i`W 00 :.I. L6 Ul -N N O J T C N t U C C c c I� C7 H H Jn N N O V N pp (0 c c a o a p ° r-i 6 c xz p E U U � < E O N N z -c O 14- C y p O U N L N L Y @ d > O O rl v 7 'O GJ w 'O O N p > LL N E }' 4 , U Ln Q U U L a� a� m , T E o c H H - o 'a E m C c p T < •� _ N 3 3 — ~ O N O N S Q U C7 N N Q Q N U Q CD rn s D ci \ / / 5 G - � 5 - \ $ � G \ . \ \ \ \ . \ \ L m . Ln . � to / � 2 E 2 \ / / / / \ 5 5 5 5 Qj 2 2 $ m Mo \ s \ \ S e c » § / o y / \ \ ( N 0 0 t ; / ` a \ r \ k a% c 0 0 � §§ C: _ < = o q \ / < < 2 u u\\ Ln \ / t ° ° 7ƒ E E§ § 2§ 3\ f / E 2 E 7/[ \® 4 ƒ _ °' o 0 u 2 0 CO \ \ \ \ = / / / \ \ < \ \ \ < \ ODYSSEY MANUFACTURING CO. July 25, 2011 Ms. Maureen Lynch, CPPB Materials Manager City of New Smyrna Beach 200 Canal Street New Smyrna Beach, FL 32168 Re: CITY OF NEW SMYRNA BEACH BID NO. B 07 -11 WATER AND WASTEWATER CHEMICALS Dear Ms. Lynch, As a follow -up to the subject Invitation to Bid (ITB) #07 - 11 for Water and Wastewater Chemicals, Odyssey Manufacturing Company is pleased to submit our proposal for the supply of sodium hypochlorite in "tanker" or "bulk" loads to the City of New Smyrna Beach. Our proposal is based on delivery to the delivery locations specked in the RFP documents which are all tanker accessible sites. In accordance with your instructions, we have enclosed one original of the "Proposal" and one copy. Per your request, we have also organized our proposal into Eight Tabs each of which contains the information requested in the ITB solicitation. Thank you for your consideration. Please call me if you have any questions at 1-800 - ODYSSEY or cellular (813) 335 -3444 or visit our website @www.odysseymanufacturing.com. Additionally, we invite you to call our references to compare see how the superior service we have provided to you is consistent with what we have provided the water and wastewater treatment industry and to consider all of the information we have provided in this proposal. ) a ick H. Allman General Manager FACTOR #1 EXPERIENCE Odyssey Manufacturing Company is pleased to submit our proposal for the supply of sodium hypochlorite to the City of New Smyrna Beach in accordance with your Invitation to Bid (ITB #07 -11). We feel we are uniquely qualified to do this work for the following reasons: • We are the leading provider of sodium hypochlorite to the water and wastewater treatment industry in Florida and serve over 90% of the plants in Florida that use sodium hypochlorite. • We have successfully operated the largest proven chloralkali bleach super -plant in North America for the past eleven years. • We are a licensed plumbing and general contractor who specializes in chemical systems work at water and wastewater treatment plants and have provided system design, permitting installation and service work to all of our customers with respect to their chemical systems. • We have installed over 1,500 chemical systems in Florida and over 3,000 sodium hypochlorite tanks. We offer this support to our customers. • We are the only factory approved installer of Snyder, Assmann and Poly Processing tanks in Florida and we do all of their warranty work. The City of New Smyrna Beach uses these tanks for their chemical systems. • We are a technical resources company who provides solutions to our customers and are the only chemical supplier in Florida who can provide design, engineering, permitting and construction services for your chemical systems. • We are financially capable of performing the proposed work. We are bondable to $6 million and our bond rate is 1%. About Odvsse Odyssey Manufacturing Co. is a disinfection solutions company who has three integrated business units providing technical solutions to our customers: (1) We are the largest sodium hypochlorite manufacturer in the southeast and our sodium hypochlorite currently serves over 90% of the water and wastewater plants and power plants that use bulk bleach in peninsular Florida; (2) We are a licensed general and plumbing contractor who has installed over 1,300 "turn-key" chemical systems; and (3) We are the Florida distributor for the Process Solutions MicrOclor On -Site Sodium Hypochlorite Generation (OSHG) System. History of Odvsse Odyssey Manufacturing Co. was incorporated in 1998 in Delaware and began operations in late 1999. Our Tampa manufacturing facility has been manufacturing sodium hypochlorite since March of 2000 and we added an additional manufacturing facility on the east side of Orlando in January 2008. We also have some common ownership with Sentry Industries which is a Miami -based sodium hypochlorite manufacturer which provides us additional backup or emergency capacity. List of Principals The managing partner and CEO of Odyssey Manufacturing Co. is Stephen Sidelko who has a B.S. in Chemical Engineering and an MBA from Rensauler PolyTechnic Institute. Mr. Sidelko successfully operated sodium hypochlorite manufacturing facilities in Florida for over thirty five years starting out with Procter and Gamble and moving over to Kare Chemical. In 1980, Mr. Sidelko founded Sentry Industries in Miami, Florida which has grown over the years and currently manufactures and delivers about 20 million gallons per year of sodium hypochlorite to various customers located throughout Florida. Mr. Sidlelko is the President of Sentry Industries and manages their day to day operations. In 1998, Mr. Sidelko and a group of partners founded Odyssey Manufacturing Co. Odyssey Manufacturing began operations in 1999. The day to day operation of Odyssey Manufacturing is done by Patrick H. Allman (General Manager) and Marvin T. Rakes (President) who provide technical support to our customers and have guided Odyssey since 1999 and 2000 respectively. Mr. Allman (cellular 813 - 335 -3444) has a B.S. in Nuclear Engineering 1983 from the University of Virginia, a M.S. equivalent in Nuclear Engineering from the Department of Naval Reactors in 1984 and an M.B.A. from the University of Tampa in 1990. Mr. Allman has over seven years of power plant experience in the U.S. Navy, nine years of power plant experience at Tampa Electric Company and over ten years of experience running the day to day operations of a large sodium hypochlorite manufacturing facility in Florida. Marvin Rakes, President (cellular 813- 340 -3675) who has a B.S. in Chemical Engineering 1985 from the University of North Carolina State. Mr. Rakes has over twenty years of operational experience as the Operations Manager for the largest chemical distribution and chlorine repackaging company on the East Coast in Virginia and for the past nine years as the President of Odyssey Manufacturing. Under their tenure, Odyssey Manufacturing has grown considerably over the past eleven years and currently sells over 50 million gallons per year of sodium hypochlorite. Reliability Odyssey sets the standard for reliability in the marketplace. Odyssey has consistently provided its customers a superior service and a superior product. As you know, we have never missed a delivery in over eleven years of service to the water and wastewater treatment industry. Our service is legendary. We done several emergency deliveries most notably on Saturday, April 6, 2002, St. Johns County was run out of bleach by their then sodium hypochlorite supplier at the main water plant. St. Johns County contacted Jones Chemical, Allied Chemical and PB &S [now Brenntag] all of which declined to come. Only Odyssey Manufacturing Co. said they would come and we delivered a tanker of sodium hypochlorite on Saturday night within four hours of being called. This is un- paralleled service and was not matched by any of the other suppliers in the marketplace. Missing chemical deliveries would be a serious problem for water and wastewater treatment plants who must chlorinate for public health reasons. Odyssey has never missed a chemical delivery to any customer in over ten years of its existence. This sharply contrasts with the delivery record of Allied Universal which has failed to make timely deliveries to its customers in the past (please call our reference list for additional information and see below). Specifically, these are just a few of the instances we had to make deliveries to their customers in the past two years alone. This list is remarkable when you consider that we serve 96% of the plants in Florida. Odyssey had to make an emergency delivery to the Town of Lantana Water Plant just this past month on Sunday, 10/18/09 to keep the customer from having to issue a boiled water notice (Reference: Clyde Ali, WTP Superintendent, 561 - 540 - 5751). Odyssey had to make an emergency delivery to the Village of Wellington on Friday, 12/5/08 to keep them from running out of hypochlorite (Reference: Sean McFarland, WTP Superintendent, 561- 753- 2465). Odyssey had to make an emergency delivery to the City of Ormond Beach WWT plant last year when I was told Allied refused to come and the customer ran out of bleach and called me on Sunday morning from their contact chamber as they were shoveling in HTH and we had bleach there in three hours (Reference: Sam Butler, City of Ormond Beach Chief Operator, 386 - 676 - 3592). Odyssey had to make an emergency delivery one weekend last year to the City of Port Orange WTP because I was told Allied was unable to come and previously we had to do the same thing in the past for this customer for the same reason back on 7/22/06 (Reference: Steve Miller, City of Port Orange WT Chief Operator, 386- 756 - 5380). Another emergency Sunday delivery we made earlier that year on 5/11/08 to the Econ WTP for Orange County because Allied was unable to come according the operator and they were going to have to issue boiled water notices (Reference: Carlos Torres, Orange County, Production Section Water Superintendent, 407 - 254- 9500/5505). Even more disturbing were the two emergency Saturday deliveries were made the day before Hurricane Charlie hit to Collier County because Allied had supposedly refused to make deliveries for over a week (Reference: Steve Waller, Collier County, WWT Superintendent, 239 - 774 - 6886). Lastly, Odyssey pro - actively topped off the hypochlorite tanks before each hurricane for the industry for the past eleven years! Q uali ty Odyssey Manufacturing Co. represents the newest trend in the water treatment business — Chloralkali bleach superplants as a disinfection alternative. Odyssey Manufacturing is a new venture that manufactures bulk sodium hypochlorite utilizing a Kvaerner Chemetics chlor- alkali plant integrated with a Powell Continuous Bleach Plant. We are focused primarily on municipal and private water and wastewater treatment along with industrial customers. As you know, this business was created primarily to serve many the Customers who are switching from chlorine gas to bulk sodium hypochlorite and need a competitively priced, reliable, high quality supply of sodium hypochlorite. As the only chlor- alkali manufacturing facility in Florida, we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on -site out of purified salt and demineralized water utilizing a membrane cell electrolysis process. Not only does this process result in high quality bleach, but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. As you know, chlorine gas railcar shipments to Florida have been suspended on twelve occasions over the past couple of years for up to four days due to terrorist threats and hurricanes. Thus, we are able to offer reliable service and guaranteed pricing which is a major benefit to our customers as they consider alternative suppliers. Additionally, this provides us a significantly higher level of reliability than any other Florida sodium hypochlorite manufacturer as we are not dependent on railcar shipments of chlorine gas into Florida Odyssey combines great service with the best quality bleach in Florida. Our sodium hypochlorite is a high strength product (12.5 Trade Percent Available Chlorine) with superior ratio control and without all the impurities that most bleach contains. What this means to you the Customer is: • Low or zero metal contaminants resulting in significantly slower Product degradation leading to overall cost savinEs due to reduced sodium hypochlorite consumption • Lower Maintenance Costs caused by pluggages and wear because of impurities in the bleach • Improved Drinking and Effluent Water Quality • Longer Warranties from your equipment suppliers • Superior control of excess alkalinity of Product resulting in less overall chemical additional requirements and more stable chemical feed rates • Less oxygen formation during storage and handling (e.g., which form bubbles in tank and lines) resulting in reduced downtime and more accurate Cl feed rates • Lower levels of sodium chlorate formation resulting in improved water quality and reduced health concerns • Significantly lower levels of bromate formation resulting in reduced public health concerns • Lower suspended solids resulting in improved water quality and less feeder maintenance • Minimal insoluble buildup on the inside of pipes and feeders resulting in better operations of the Customer's system True Cost Unlike most chemicals, sodium hypochlorite has a relatively short shelf life and decomposes over time. Product impurities such as metals and sludge are a significant source of this decomposition. Thus, differences between manufacturers in their manufacturing and delivery processes can have a dramatic difference on actual consumption Additionally, the initial delivered strength can also impact the level of consumption. This means cost savings to the customer Odyssey's unique manufacturing process results in significantly higher quality sodium hypochlorite that does not breakdown and decompose like other sodium hypochlorite. As an example, in FY 2001, the Charlotte County EastPort WWT plant used 101,970 gallons of Odyssey Manufacturing sodium hypochlorite. The previous fiscal year, the facility used about 204,196 gallons with another sodium hypochlorite supplier, despite lower plant flows (Reference: Verne Hall, currently Sarasota County Operations Manager @941- 861 - 0501). In FY 2009, all of their facilities used 234,450 gallons with Odyssey Ultrachlor sodium hypochlorite. The previous fiscal year, the facilities used 428,000 gallons despite lower flows with another sodium hypochlorite supplier (Reference: Steve Bozman, Operations Manager @941- 764 - 4595). The City of Jacksonville pools has averaged 355,000 gallons of usage the past two years with Odyssey Ultrachlor. Prior to that, they used 430,000 gallons (Reference: Rick Sawyer, 904 - 630 - 5401). Two years ago, the City of Edgewater and Port Orange documented a 30% to 35% reduction in hypochlorite usage during FY 2009 when adjusted for flows after switching to to Odyssey Manufacturing Co. (Reference: Steve Miller, City of Port Orange, WT Chief Operator, 386 - 756 -5380 and Bob Polizzi, City of Edgewater, WT Chief Operator, 386-424-2490). In the last twelve month period from February 2009 —January 2010, the City of Tampa used 226,477 gallons of Odyssey Ultrachlor. The previous 12 months they used 700,000 gallons per year with their sodium hypochlorite supplier (Reference: John Peckett, Utility Operations, 813 - 247 - 3451). Summary Sodium hypochlorite is the most important chemical you purchase. Its use is mandated by an assortment of regulatory agencies and its failure can lead to severe consequences for the utility including system wide boiled water notices and hefty FDEP and EPA fines. Hypochlorite is very unique because of its essential use in water treatment, short shelf life, "just in time" delivery requirements and rapid degradation if fouled by impurities in the manufacturing process. Sodium hypochlorite is the only chemical the City New Smyrna Beach purchases that if you leave it in a drum for one year will be completely gone. For example, a drum of 50% caustic will still be a drum of 50% caustic after one year. A drum of 12.5% sodium hypochlorite will be salt water after one year with no disinfection capability. A drum of 50% caustic laden with 2 ppm iron and other metals will still be a drum of 50% caustic after one week (or even after one year). A drum of 12.5% sodium hypochlorite containing 2 ppm iron and other metal impurities will be a drum of 5% — 6% sodium hypochlorite after one week and thus have half the disinfection power and require twice as much to be fed. As you know, Odyssey provides a superior product for two reasons: (1) We have a superior process; and (2) We care about quality (we just don't pay lip service to it and tell you we are "improved" or just as good as Odyssey). Frankly, if 95% of our business was pool stores to which we delivered 8% - 9% bleach laden with iron, metals, sludge and other impurities to them because they don't care about quality why would we bother to spend an extra $.20 per gallon to make the correct strength bleach and another $.05 per gallon to properly filter the bleach? Instead, I would probably target the 4% of the municipal market which buys on "price per gallon" and not the total cost when usage and maintenance is factored in and sell them the same slop. This same group doesn't care when their bleach comes late or doesn't come at all either because they continue to put up with it as long as they perceive they are paying less per gallon. It is not what a company says they will do it is what they have consistently done in the past is what you will get SECTION 2.6 REFERENCES Provide the business names, contact persons and telephone numbers of three (3) references for which the firm has provided services described in this bid for five (5) years. Prefer relationships with utility and governmental agencies. It is our intent to contact these references during the award process. Name of Company: City' of Cape Coral Address: P.O. o x Point of Contact: Andy Fenske Phone Number: 239- 574 -0878 Dates of Service: - 1 1" Service(s)Provided: Sodium Hypochlorite - WT Treatment Chemica 2. Name of Company: Tampa Bay Water Address: 8845 Pumping Station Road Land O'Lakes, F1 34639 Point of Contact: Andrew Greenbaum Phone Number: 813-910-3246 Dates of Service: 5"1 C a- Service(s)Provided: Sodium Hyp o c h l o r i t e 3. Name of Company: City of Palm Coast Address: 2 Utility Drive Palm Coast, F1. 32137 PointofContact: Jim Hogan Phone Number: 386- 986 -2374 Dates of Service: 5: n —E' 2-0 Service(s)Provided: Sodium Hyp o c h l o r i t e ITB 07 -11 Water and Wastewater Chemicals 19 ODYSSEY MANUFACTURING CO. Odyssey Manufacturing Co. Sodium Hypochlorite Reference List Bob Polizzi, City of Edgewater, WTP Superintendent, 386- 424 -2490 Cliff Morris, Bonita Springs Utilities, East WRF Superintendent, 239 - 495 -4247 Tom Milazzo, Bonita Springs Utilities, RO Chief Operator, 239 - 390 -4823 Scott Berge, Pasco County, WT Maintenance Manager, 727 - 847 -8145 Jim Kaplan, Pasco County, Chief Water Operator, 727 - 834 -3255 Shawn Kopko, City of Cape Coral, Water Production Supt, 239 - 242 -3423 Andy Fenske, City of Cape Coral, Chief Operator, 239 - 242 -3411 Brian Fenske, City of Cape Coral, Everest WWT Plant Supt, 239 - 574 -0872 Keith McGurn, City of Bradenton, WT Superintendent, 941 - 727 -6366 Mike Richardson, JEA, WTP Superintendent, 904 - 665 -6819 - Ron Weiss, City of Marco Island, RO Plant Supervisor, 239 - 642 -5405 Jeff Poteet, City of Marco Island, Utility Operations Manager, 239 - 389 -5181 - Tim Gregory, TOHO Water Authority, WT Superintendent, 407 - 518 -0613 - Jim Smith, City of Deltona, Operations Manager, 386- 575 -6800 - Scott Ruland; City of Deltona, Utility Superintendent, 386 -574 -2181 - Pat Henderson, City of Palm Coast, WWT Chief Operator, 386- 986 -2343 Pete Roussell, City of Palm Coast, RO Plant Chief Operator, 386- 931 -8014 Jim Hogan, City of Palm Coast, WT Manager, 386- 986 -2374 - Cal Boris, Applied Specialties, Power Plant Consultant, 813 - 390 -3138 - Bill Kuederle, Manatee County, WTP Superintendent, 941 - 746 -3020 Chad Denny, Lee County, WT Superintendent, 239 -694 -4038 Dennis Lang, Lee County, Utility Operations Manager, 239 - 481 -1953 - Mike Missoff, Sarasota County, WT Superintendent, 941 - 316 -1371 Jim Conley, Sarasota County, WT Manager, 941 - 861 -1510 Verne Hall, Sarasota County, Utility Operations Manager, 941- 861 -0501 - Sam Butler, City of Ormond Beach, WWT Superintendent, 386- 676 -3592 - Steve Park, City of Venice, Chief WT Operator, 941 -486 -2770, Ext. 236 - Andrew Greenbaum, WT Superintendent, Tampa Bay Water, 813 -910 -3246 Shannon Roberts, Polk County, WT Operations Supervisor, 863 - 298 -7919 Mark Lowenstine, Polk County, Utility Operations Manager, 863- 298 -4100 Marvin Drake, Plant Chemist, Indiantown Co- generation plant, 561 - 597 -6500 - Kay McCormick, Hillsborough County, Water Manager, 813- 264 -3815 Mark Lehigh, Hillsborough County, Water Manager, 813- 744 -5544 Terry Carver, City of Winter Haven, WWT Superintendent, 863 - 291 -5763 Steve Warder, City of Winter Haven, WT Superintendent, 863 - 291 -5767 Dale Waller, Collier County, South WWT Plant Chief Operator, 239- 597 -5355 Jon Pratt, Collier County, North WWT Plant Chief Operator, 239 - 597 -5355 - Steve Miller, City of Port Orange, WT Chief Operator, 386- 756 -5380 - Pete Williams, FP &L Indiantown, Plant Chemist, 772- 597 -7387 - Robbie Parks, United Water, Operations Manager, 904 - 260 -5562 - Jim Parks, City of Stuart, WTP Superintendent, 772 - 288 -5343 Page Two of Odyssey Manufacturing Co. Reference List: - David Parker, St. Johns County, WWTP Superintendent, 904 - 209 -2642 - Jamie Hope, Gainesville Regional (GRU), WRF Director, 353 - 393 -6616 - Steve Bozman, Charlotte County, East WRF Superintedent, 941 - 764 -4595 Stephen Kipfinger, Charlotte County, Water Superintendent, 941- 764 -4555 - Bob Dick, ST Environmental, South Area Manager, 239 - 707 -4275 - Gerry Lebeau, Woodard & Curran Inverness Project Manager, 352 - 474 -9051 - Jon Meyer, U.S. Water, South Area Manager, 239 - 989 -9791 - Bill Johnston, City of Eustis, WWTP Manager, 352 -357 -3777 - Greg Turman, City of Clearwater, RO Plant Superintendent, 727 - 462 -6236 - Craig Dough, City of Tallahassee, WWTP Superintendent, 850 - 891 -1335 - Al Purvis, City of Leesburg, WTP Superintendent, 352 - 728 -9843 - Bob Bogosta, City of Ocala, 352 - 351 -6682 - Carlos Torres, Orange County, WTP Supervisor, 407 - 254 -5405 Utilities Commission City of New Smyrna Beach Bid Form Bid No 07 -11 CHEMICAL ESTIMATED ANNUAL PRICE PER: UANTITY One Ton Cylinders of Chlorine 150 Tons Ton: delivered to the Glencoe Water Treatment f� Plant, 2640 Paige Ave., New / Smyrna Beach, FL One Ton Cylinders of Chlorine To 90 Tons Ton: be delivered to the Water Reclamation Facility, 207 Williamson Blvd., NSB, FL ( forrnerly 3019 SR 44 Hypochlorite Solution To Be 5,000 Gallons Gallon: $.755 Delivered to 4510 SR Al A, New Smyrna Beach, FL Quicklime — to be delivered to the 1500 Tons Ton: Water Treatment Plant, 2640 Paige !" Ave, NSB, FL Quicklime — To be delivered to the 200 Tons Ton: Water Reclamation Facility, 207 N! Williamson Blvd., NSB, FL ( formerly 3019 SR 44 Sodium Silica Fluoride - to be 15,000 Lbs Lb: delivered in 50 #bags to Water A/ /�. Treatment Plant, 2640 Paige Ave., / (f"� NSB, FL Anhydrous Ammonia - to be 40,000 Lbs Lb: delivered to the Water Treatment Plant, 2640 Paige Ave, NSB,FL �+ Sodium Bisulfite - to be delivered 60,000 Lbs Lb: to 120 N. Causeway, NSB, FL Aluminum Sulfate -To be 200,000 Lbs Lb: delivered to the Water Reclamation Facility, 207 _4U/ Williamson Blvd., NSB, FL ( formerly 3019 SR 44 ITB 07 -11 Water and Wastewater Chemicals 31 The Utilities Commission reserves the right to waive informalities in any quotation, to reject any and all quotations in whole or in part, with or without cause, and /or accept the quotations or portions thereof that in its judgment will be in the best interest of the Utilities Commission. The quotation shall be valid for award within ninety (90) days from the date of opening unless specified otherwise. PRICING LISTED IS FOB DESTINATION FREIGHT ALLOWED. The contract price shall remain firm for one year. BIDS MUST BE SUBMITTED IN DUPLICATE Submitted By: Name of Company: Odyssey Mmdacbiri= Camay Name & T: Signature: Telephone No.: 813- 635 -0339 Facsimile No.: 813 -630 -2589 ITB 07 -11 Water and Wastewater Chemicals 32 AC# I STATE -2 DE BL "P F- B USINESS- P-RO . SS REGULATION - Q - ENE noxx L ONST - I RY- E SEQ#L09052-100875 4�55_ � o44 b.2. 2z'o - 0. - .8 82-2 4 9 6 ,7 �n 0 0 I - R. iihd ii. ki� �j(a GANl Z ine its imons 8re�E prov C h aip�t:e r,. 4 8 9, F S Expiratioh, date* AUG 31;: 2:011 (THI -.-T,- NO--T.-,A�.,L;CENSg T,P,...� PERFORM : THI A LLOWS- Q AN - ';t Z b- b B - ,U- - % ,-e'l T N E S, ONLY �"l IT. HAS A QUALIFIER QDYS §lB - Y�r24XIV N Q CO` -JEWC r:18 4 -iA F 3 6 9 w 1 T ,.,:. L fER d- dC IRLIZ -'-GRYST - �-T r CHA 5ECR T'A "§Y GOVE RNOR - �IR LA.Yl LAW w I V I I I na_L—Ju%,dI l I.jIJUINil T OUJIIVCJJ I / Mr-- .,CIf' I EXPIRES 9 -30 -2011 FOLIONO. RENEWAL 1 215900.0000 SURCHARGE 40.00 120.00 NAME ODYSSEY MANUFACTURING CO MAILING 1484 MASSARO BOULEVARD ADDRESS TAMPA FL 33619 -0000 BUSINESS TAX RECEIPT DOUG BELDEN, TAX COLLECTOR PAID - 18047 - 85 HAS HEREBY PAID A PRIVILEGE TAX TO ENGAGE 813- 635 -5200 08/05/2010 * ** 160.00 IN BUSINESS, PROFESSION, OR OCCUPATION SPECIFIED HEREON. THIS BECOMES A TAX RECEIPT WHEN VALIDATED. 6 SECTION 2.0 REOIJIltED CERTIFICATIONS AND REPRESENTATIONS SECTION 2.1 CERTIFICATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS - 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 State 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 subsection (1). 4. In the statement specified in subsection (1), notify the employees 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. 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 complies fully with the above requirements. & SI r. NDOR GNATURE ITB 07 -11 Water and Wastewater Chemicals 12 2.2 Attachment A SWORN STATEMENT UNDER SECTION 287.133(3) (1) FLORIDA STATUES, ON PUBLIC ENTITY CRE"ES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This swom statement is submitted Bid, Bid or Contract for Water &� Wastewater Chemicals This swom statement is submitted by Odyssey Manufacturing Company [name of entity submitting sworn statement] whose business address is: 1484 Massaro v-d Tampa, Florida 33619 and (if applicable) its Federal Employer Identification Number (FEIN) is (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Patrick A1.lI m and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statues means a violation of any state of federal law be a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state, or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (91) (b), Florida Statues, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court or recording, relating to charges brought by federal or state trial court or recording, relating to charges brought by federal or state trial court or recording, relating to charged brought by indictment or information after July 1, 1989, as a result of just verdict, non jury trial, or entity of a plea of guilty or nolo contendere. 6. I understand the "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statues, means: (1) A Predecessor or Successor of a person convicted of public crime: or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholder, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of public crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provisions of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, that statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies] ITB 07 -11 Water and Wastewater Chemicals 13 Public Entity Crimes Statement Page 2 of 2 X Neither the entity submitting this swom statement, or one more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate or the entity, has been charged with and convicted of public entity subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] Date: 7/26/11 ��gnature STATE OF: Florida COUNTY OF: Hillsborough PERSONALLY APPEARED BEFORE ME, the undersigned authority, P4.. n L�c > [name of individual signing] who after first sworn by me affixed his/her signature in the space provided above on this acP day of ju L! , 20 L t v (�' J Y -�� N Notary Purrt�c Sta1c of Florida My commission expires: `" ` Marjorie o,Donn& Notary Public $ a My commtssion DD745083 J 1 1 t Z '� of moo Expires 0 310 51201 2 Print, Type, or Stamp of Notary Public ersonally known me, or Produced Identi ication: Type of I.D. ITB 07 -11 Water and Wastewater Chemicals 14 2.3 Attachment B NON - COLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida County of Hi 1 Gborcn> Patrick Allman being first duly sworn, deposes and says that: He /she is Geneml Mph'. of Odysey Marn].fac� ('g Bidder that has submitted the attached Bid; He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication 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 Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the UCNSB. 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, represen 'ves, owners, employees, or parties in interest, including this affiant. Signed General Mmagpr Title Subscribed and sworn to before me this ° day of �S' X 'i 20 L k . 5� 1 =lExp tats of'Florida Title nnelln DD745083 My Commission Expires: 2012 ITB 07 -11 Water and Wastewater Chemicals 15 SECTION 2.7 VENDOR INFORMATION In addition to General conditions, your BID may be disqualified if the following vendor information is not returned with your BID. Vendor is: ( xx ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Other Federal Employer Identification Number or Social Security Number 65 0846345 lain) Do you collect Florida State Sales Tax? ( x ) Yes ( ) No Firm Name: Odyssey Mar&actaang Capany Mailing Address: 1484 Massa Blvd. Tama, F1 33619 Telephone No. 813 -635 -0339 Fax No. 813 - 630 -2589 Email Address-p Web Address: odysseynarlufactzing.c Imng ,C an Commodity or Service Supply: Water & Wastewater Chemical s If vendor is quoting, as a manufacturer's representative and the purchase order should be addressed to the manufacturer in care of the vendor, so indicate. If remittance address is different from the mailing address so indicate below. Firm Name: Mailing Address: saw as above Submitted by: Name & Title Printed: Patrick Allan, C-�eral Mmagex ITB 07 -11 Water and Wastewater Chemicals 20 Form W'9 Request for Taxpayer Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name (as shown on your income tax return) °' M odyssey Marn �f aC m o. Business name, If different from above C 0 N W o Individual / ❑ ® Corporation El Partnership ❑ Other ► ----------------- Exempt from backup ❑ withholding � r, Check appropriate box: Sole proprietor • w Address (number, street, and apt. or suite no.) Requester's name and address (optional) a 14$4 Massaro Blvd. U City, state, and ZIP code E o. Taipa, Fl 33619 N m List account number(s) here (optional) m Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 6 15 +0 181416 1 4 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or aba ment of securer erty, cancellation of debt; contributions to an individual retirement arrangement (IRA), and generally, pay i s other tEl n interest , id�nds, you are not required to sign the Certification, but you must provide your correct TIN. (See the tructions Sign Signature of Here U.S. person ► Date 1110 7/26/11 Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. For federal tax purposes, you are considered a person if you • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, are: Cat No.10231X Form W -9 (Rev. 11 -2005) ODYSSEY MANUFACTURING CO. January 5, 2010 Mr. Marvin Rakes Odyssey Manufacturing Co. 1484 Massaro Boulevard Tampa, Florida 33619 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS AND CONTRACTS ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom It May Concern, Odyssey Manufacturing Co. is a Delaware corporation licensed to do business in the State of Florida. Patrick H. Allman, Odyssey Manufacturing Co.'s General Manager, has the authority to sign all bid documents and contracts on behalf of Odyssey Manufacturing Company. Sincerely, Marvin T. Rakes President CORPORATE SEAL QUESTIONAIRE FOR BID 07 -11 Additional space may be required. Please answer questions in the order presented. All questions must be answered or contractor may be disqualified. 1. Has your company ever been denied insurance or had insurance canceled? 0 2. Is your company bondable? Has your company ever been denied bond? If yes, explain. > r 3. Can your insurance company produce a certificate of insurance stating your limits and naming UCNSB as an Additional Insured? V99 C 4. Since January 1, 2001, has your company been a defendant in any lawsuits? [ �� 5. Is your company a subsidiary or otherwise legally affiliated with any other company? 6. Is your company rated by Dunn & Bradstreet or any other rating agency? If yes, what is the name of the agency and rating? W 7. Is your company in any stage of bankruptcy, including initial filing? PO 8. Can you supply us with three (3) business references similar to UCNSB? If yes, attach a list including contact and phone number (Form 2.6 on page 19). /do 9. Has or is your company or any of its principals ever been disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department, agency or any State Government department or agency? hC-S 5tej 0 bpi plun2.era-jS occ Stcn,s � c1 ce- ) Iq 1;j 41 C? fl -� ofr, �-, e- u oA c) b j ; i n65 36ov ha, � e '4;�' 41.1E --Sm& /n /✓1 a rt 1 6 v ITB 07 -11 Water and Wastewater Chemicals � 16 GVlM 64 s9k rneny n - j - cL� � Re: CITY OF NEW SMYRNA BEACH BID NO. B 07 -11 WATER AND WASTEWATER CHEMICALS OTHER INFORMATION Additionally, Odyssey makes the following claims or warrants and provides the following additional information to assist the City of New Smyrna Beach in its Bid Evaluation: • Tabs (1) and (7) are required submittals as outlined in the solicitation • The NSF -60 certification for Odyssey Ultrachlor sodium hypochlorite is enclosed • Third party laboratory results for Odyssey Ultrachlor sodium hypochlorite as manufactured by Odyssey Manufacturing at its Tampa facility which will be serving the City of New Smyrna Beach are enclosed. • A Product Specification Sheet for Odyssey Ultrachlor sodium hypochlorite as manufactured at our Tampa facility which will be serving the City of New Smyrna Beach is enclosed. • Safety is extremely important and should be a major consideration in the City of New Smyrna Beach's "informed decision process ". Odyssey Manufacturing has one "Safety Incident" in the past ten years for any chemical that it sells (defined as all chemical accidents, incidents, releases, spills, and National Response Center Notifications ( "safety incidents "). Additionally, I would direct the City of New Smyrna Beach to the National Response Center website ( www.nrc.useg.mil /download.html where you can download all of the safety incidents of the various bidders. You will see that Odyssey does not have any but our competitors have over thirty. Additionally, please do a website search and call our reference list to ascertain not only our record but those of other suppliers. Our single incident occurred in September 2008 where 700 gallons spilled from a pressurized line during a delivery when a fitting snapped on the tanker before the tanker could be depressurized. Odyssey's General Manager was on -site within two and half hours and directed cleanup/de-chlorination /follow- up sampling efforts. • Emergency Call Data — Below I have listed some of the most recent emergency service call information to assess Odyssey's ability to respond to customer emergencies: 1) 3/6/10 -City of Inverness (Gerry Lebeau, Utility Manager, 352- 474 - 9051). Customer called Odyssey on Friday evening 3/5/10 and stated that their tank was leaking badly on the ground. Odyssey had a crew up there on Saturday morning 3/6/10 which pumped out the sodium hypochlorite to a temporary tank and kept the water plant on service. 2) 1/8/10 — JEA (Mike Richardson, Utility Supervisor, 904 - 665 -6815) Customer called Odyssey on Friday morning that their sodium hypochlorite tank at the Norwood WTP was leaking badly into the containment. Odyssey dispatched a tanker and crew with temporary tank and pumped out the hypochlorite from the bad tank to the tanker. Additionally, Odyssey setup the temporary tank to allow the water plant to maintain continuous disinfection and remain in service. 3) 12/24/09 — Sarasota County Carlton WTP (Jim Conley, Water Production Manager, 352- 861 -1510) Got a phone call in the morning that their Peace River chlorination line installed several years earlier had broken and they had no way to disinfect the water they were sending out to their system from Peace River. Odyssey immediately dispatched a crew and had located and repaired the leak by that evening. 4) 10/18/09 — Town of Lantana (Clyde Ali, WTP Superintendent, 561 -540 -5751) Odyssey received a phone call on Sunday morning requesting an immediate emergency delivery to the Town of Lantana Water Plant to keep them from issuing a boiled water notice because their regular supplier had failed to make a delivery for over a week. Odyssey provided a delivery to the plant on three hours notice. 5) 1/23/09 — City of Eustis WWTP (Rick Hoeben, WWTP Superintendent, 352- 357 -3777) Got a phone call that new sodium hypochlorite tank installed by Contractor was filled and leaking badly. Immediately dispatched tanker and crew with temporary tank and pumped out their tank to a temporary tank thereby avoiding a reportable spill. Came back and troubleshot problem and found that the contractor had cross - threaded the bolts on the bottom flange fitting and made confined space entry and did repair for the City of Eustis. 6) 5/11/08 — Orange County Econ WTP (Carlos Torres, Orange County, Production Section Water Superintendent, 407 - 254- 9500/5505) Odyssey received a phone call on Sunday morning that they would have to issue a boiled water notice if they could not get a sodium hypochlorite deliver because their regular supplier had failed to make a delivery for a week and they were unable to get them to come despite repeated phone calls. • Technical Support and also emergency points of contact would be our Patrick H. Allman, General Manager (cellular 813 - 335 -3444) who has a B.S. in Nuclear Engineering 1983 from the University of Virginia, Marvin Rakes, President (813- 340 -3675) who has a B.S. in Chemical Engineering 1985 from the University of North Carolina State or the on -duty Plant Supervisor (800 - ODYSSEY). Mr. Allman has over twenty five years of industrial plant experience and is an acknowledged expert in chemical systems having designed over 1,000 systems in Florida including assisting with several for the City of Port Orange. Mr. Rakes has over twenty five years of experience managing the operational side of chemical distributors and manufacturers including ten years as the Operations Branch Manager of the largest chemical distributor branch on the East Coast. • A Material Safety Data Sheet (MSDS) is enclosed • A Company Brochure is Attached • A Company Manufacturing Process Flow Chart is Attached demonstrating the superiority of Odyssey's manufacturing process with regard to quality and reliability • Odyssey takes no exceptions to the RFP solicitation • Odyssey Manufacturing Co. is a Drug Free Workplace and has an active program in -place to randomly test its employees as documented by the fact our Worker's Compensation carrier provides us a 5% discount for our program on our rates. • Odyssey hereby certifies and warrants its sodium hypochlorite is supplied in accordance with ANSI/NSF Standard 60 and AWWA B300 -09 (latest revision available at time of the bid) and the product specification contained in the bidding documents. The City of New Smyrna Beach should have a reputable supplier with a strong safety, reliability and quality record to serve their sodium hypochlorite needs for their Utility Department. Odyssey has been that supplier in the past for you and for the overall industry for the past eleven years. Quali Service and Integrity should matter in the water and wastewater treatment business and especially in public purchasing NovaChem Laboratories, Inc Date: 7 September 2010 Call for results over the phone 513 -523 -3605 To: Pat Allman — Odyssey Manufacturing (FAX: 813 - 630 - 2589) Analysis Results Parameter Wt% NaOCI GPL Available Chlorine Trade% Wt% NaOH Calculated pH Wt% Na Specific Gravity 010 , mg/L Cl mg/L Br0 , mg/L C10 mg/L Fe, mg/L Cu, mg/L Ni, mg/L Sodium, g/L (ESTIMATE) W/o Suspended Solids Filter Test (1,000 mL) Bleach Rec'd 8/28/2010 11.13 124 12.4 0.366 13.0 0.131 1.1690 1,418 73,812 8 <10 0.27 <0.02 <0.02 53 DL = 100 mg/L DL = 100 mg/L DL = 4 mg/L DL = 5 mg/L DL = 0.02 mg/L DL = 0.02 mg/L DL = 0.02 mg/L 0.003 0 min 59 seconds (Millipore 0.8 µM, Type AAWP) 5172 College Comer Pike, P.O. Box 638, Oxford, Ohio 45056 Tel: 513 -523 -3605, FAX: 513 -523 -4025 E -Mail: bbubnis @brecnet.com ODYSSEY MANUFACTURING CO. MATERIAL SAFETY DATA SHEET REVISED 1 /11 /10 SECTION I CHEMICAL PRODUCT AND COMPANY IDENTIFICATION ODYSSEY MANUFACTURING CO. EMERGENCY RESPONSE NUMBER: 1484 Massaro Boulevard 1- 800 - ODYSSEY (FLORIDA) Tampa, Florida 33619 1- 813 - 635 -0339 (OUTSIDE FLORIDA) 1- 813 - 635 -0339 (24 hours) 1- 813- 340 -9093 (Control Room Cell Phone) SUBSTANCE: SODIUM HYPOCHLORITE TRADE NAME: Ultra - CHLOR CHEMICAL NAME /SYNONYMS: Sodium Hypochlorite Solution, Bleach Solution, Bleach Liquor, Hypo - solution, Bleach, and Liquid Bleach. CAS NUMBER: 7681 -52 -9 CHEMICAL FAMILY: Alkali FORMULA: NaOC1 DOT PROPER SHIPPING NAME: Hypochlorite Solution DOT HAZARD CLASS: 8 (Corrosive) PG III; PG II (For solutions greater than 16% available chlorine) DOT IDENTIFICATION NO: UN 1791 RQ: 100 pounds (Approximately 100 gallons of Odyssey Ultrachlor 12.5 Trade Percent Sodium Hypochlorite) DOT EMERGENCY GUIDE NO: 154 SECTION II COMPOSIT INFORMATION ON INGREDIENTS INGREDIENT(S): Sodium Hypochlorite (NaOCI) 10.0 - 20.0% wt Sodium Hydroxide (NaOH) 0.1 - 0.4% wt Water (H 79.7 - 89.9% wt SECTION III HAZARDS IDENTIFICATION NFPA CLASSIFICATION (SCALE 0 -4): Health =2 Fire =O Reactivity- EC CLASSIFICATION (ASSIGNED): C (Corrosive) EMERGENCY OVERVIEW COLOR: Yellow PHYSICAL FORM: Liquid ODOR: Chlorine Odor MAJOR HEALTH HAZARDS: Respiratory Tract Burns, Skin Burns, Mucous Membrane Burns, and Eye Irritation HAZARDOUS MIXTURES WITH OTHER LIQUIDS, SOLIDS, OR GASES: Reacts violently with acids liberating chlorine gas. Also reacts with organic substances. Reaction with water is not exothermic. POTENTIAL HEALTH EFFECTS INHALATION: • SHORT TERM EXPOSURE: Irritation to respiratory tract. May have same as effects reported in other routes of exposure, burns, blisters, nausea, difficulty breathing, and lung congestion. • LONG TERM EXPOSURE: Same as effects reported in short term exposure. SKIN CONTACT: • SHORT TERM EXPOSURE: Irritant, reddening of the skin. May have burns, blisters, and itching • LONG TERM EXPOSURE: Same as effects reported in short term exposure. EYE CONTACT: • SHORT TERM EXPOSURE: Irritation (possibly severe), possible eye damage • LONG TERM EXPOSURE: Same as effects reported in short term exposure. INGESTION: • SHORT TERM EXPOSURE: Burns, vomiting stomach pain, disorientation, bluish skin color, convulsions, coma • LONG TERM EXPOSURE: Same as effects reported in short term exposure. CARCINOGEN STATUS OSHA: N NTP: N IARC: N SECTION IV FIRST AID MEASURES INHALATION: Remove from exposure and get fresh air. Use a bag valve mask or similar device to perform artificial respiration (rescue breathing) if needed. Keep warm and at rest. Get medical attention immediately if artificial respiration is required. SKIN CONTACT: Remove contaminated clothing, jewelry, and shoes immediately. Flush affected area with large amounts of water, preferably a safety shower. Use soap or mild detergent and large amounts of water until no evidence of chemical remains (at least 15 -20 minutes). For bums, cover affected area securely with sterile, dry, loose fitting dressing. If skin is burned, get medical attention immediately. EYE CONTACT: Wash eyes immediately with large amounts of water, occasionally lifting upper and lower lids, until no evidence of chemical remains (at least 15 minutes). Continue irrigating with a normal saline solution until ready to transport to physician. Cover with sterile bandages. Get medical attention immediately. INGESTION: Rinse mouth with water. Drink large quantities of milk (water if no milk is available). Milk of magnesia may be helpful. DO NOT USE ACIDIC ANTIDOTES SUCH AS SODIUM BICARBONATE. When vomiting occurs, keep head lower than hips to help prevent aspiration. If person is unconscious, do not induce vomiting and turn their head to the side. Never make an unconscious person vomit or drink fluids. Get medical attention. NOTE TO PHYSICIAN: For inhalation, consider oxygen. For ingestion, avoid gastric lavage, emesis, sodium bicarbonate and acid solutions. Consider the use of antacids. SECTION V FIRE FIGHTING MEASURES FLASH POINT: Non - flammable FLAMMABLE LIMITS: Non - flammable FIRE AND EXPLOSION HAZARDS: Negligible fire hazard. Toxic fumes can be liberated by contact with acid or heat. EXTINGUISHING MEDIA: Regular dry chemical, carbon dioxide, water, or foam suitable for surrounding fire. For large fires, use regular foam or flood with fine water spray. FIRE FIGHTING: Wear self - contained breathing apparatus and full protective clothing. Move container from fire area if it can be done without risk. Cool containers with water spray until well after the fire is out. Stay away from the ends of tanks. Use extinguishing agents appropriate for surrounding fire. Do not get water directly on material. For large fires, flood with fine water spray. Reduce vapors with water spray. Apply water from a protected location or from a safe distance. Avoid body contact or inhalation of material or combustion by- products. Stay upwind and keep out of low areas. SECTION VI ACCIDENTAL RELEASE MEASURES OCCUPATIONAL RELEASE: Do not touch spilled material. Stop leak if possible without personal risk. For small spills, collect spilled material in appropriate container for disposal and consider absorbing with sand or other non - combustible material (e.g., do not use sawdust or other combustible material). Be advised, however, that the use of absorbing material is creating hazardous waste and this absorbing material must now be disposed of properly. Collect spilled material in appropriate container for disposal. For small dry spills, move containers away from spill to a safe area. For large spills, dike for later disposal. If possible, do not allow material to enter sewers, streams, ponds or storm conduits as concentrated solutions will seriously injure aquatic life. Keep unnecessary people away, isolate hazard area and deny entry. Contain in as small an area as possible, such as a holding area for dilution and neutralization. Contain spill in plastic drums when available. Dispose of in accordance with Federal, State, and local regulations. Personnel engaged in cleanup operations must be equipped with NIOSH approved respirator protection, rubber boots, gloves, and clothing to avoid body contact. Reportable Ouantity (RO) 100 pounds (approximately 100 gallons of Odyssey Ultrachlor 12.5 Trade Percent sodium hypochlorite). In the event of a spill (e.g., defined as any release to the environment), call Odyssey Manufacturing and/or the emergency contact numbers as soon as possible. For releases higher than the Reportable Quantity (RQ), you must notify either the State Emergency Response Commission (U.S. SARA Section 304) at (800) 320 -0519 or the National Response Center at (800) 424 -8802 or (202) 426 -2675 (CERCLA Section103). Both are tied together and will communicate to the other. ADVANCE PLANNING: Plan in advance for an occupational release and have necessary equipment and neutralization agents on -site. Contact Odyssey Manufacturing for assistance. SECTION VII HANDLING AND STORAGE Store in vented, closed containers that provide protection from direct sunlight. Keep separated from incompatible substances and do not store near acids, ammonia, heat, or oxidizable materials or organics. When handling, do not mix with other cleaning agents that may liberate chlorine gas vapors (e.g., acidic agents). Store and handle in accordance with all current regulations and standards. SECTION VIII EXPOSURE CONTROLS AND PERSONNEL PROTECTION EXPOSURE LIMITS: 2 mg/m3 AIHA recommended STEL 15 minute(s) for Sodium Hypochlorite VENTILATION: Provide local exhaust ventilation system. Ensure compliance with applicable exposure limits. EYE PROTECTION: Splash goggles are preferred to a faceshield. Another option is to wear splash resistant safety goggles with a faceshield. Provide an emergency eye wash fountain and quick drench shower in the immediate work area. CLOTHING: It is recommended to wear appropriate chemical resistant clothing to avoid body contact such as a rubber apron or rain suit. Boots are preferred for footwear. GLOVES: Wear appropriate chemical resistant gloves. RESPIRATOR: Under conditions of frequent use or heavy exposure, respiratory protection may be needed. Respiratory protection is ranked in order from minimum to maximum. Consider warning properties before use. • Any chemical cartridge respirator with organic vapor cartridge(s). • Any chemical cartridge respirator with a full facepiece and organic vapor cartridge(s) • Any air - purifying respirator with a full facepiece and an organic vapor canister • Any supplied -air respirator with full facepiece and operated in a pressure -demand or other positive - pressure mode in combination with a separate escape supply (Use for Unknown Concentrations or those that may be Immediately Dangerous to Life or Health) • Any self - contained breathing apparatus with a full facepiece (Use for High Concentrations or those which are immediately Dangerous to Life or Health) SECTION IX PHYSICAL AND CHEMICAL PROPERTIES PHYSICAL APPEARANCE: Liquid APPEARANCE AND ODOR: Clear - Chlorine odor like household bleach. COLOR: Greenish — Yellowish cast MOLECULAR WEIGHT: 74.44 MOLECULAR FORMULA: Na -O -CI BOILING POINT: Degrades at 230 Degrees Fahrenheit FREEZING POINT: 7 Degrees Fahrenheit SPECIFIC GRAVITY: 1.15 - 1.17 at 60 Degrees Fahrenheit PH: Approximately 11 - 13 VAPOR PRESSURE (mm HG): Vapor Pressure of water + decomposition product Vapor Pressure VAPOR DENSITY: Not Available SOLUBILITY IN WATER: Complete VOLATILITY: Not Available EVAPORATION RATE: >1 COEFFICIENT OF WATER /OIL DISTRIBUTION: Not Available SECTION X STABILITY AND REACTIVITY REACTIVITY: Stable at normal temperatures and pressure. CONDITIONS TO AVOID: Avoid heat, flames, sparks and other sources of ignition. Dangerous gases may accumulate in confined spaces. May ignite or explode on contact with combustible materials. INCOMPATIBLES: Acids, metals, amines, combustible materials, reducing agents. Specific reactions with sodium hypochlorite include the following: ACIDS: Violent reaction. ALUMINUM: Corrosive action. AMINES: Form explosive chloramines. AMMONIA: Form explosive chloramines. AMMONIUM SALTS: May form explosive product. BENZYL CYANIDE (ACIDIFIED): Explosive reaction. CELLOLOSE: Violent reaction ETHYLENEIMINE: Forms explosive 1- chloroethyleneimine. FORMIC ACID: Explosive mixture. METHANOL: May form explosive compound. NITROGEN COMPOUNDS: Forms explosive N- chloro compounds. ORGANIC AND COMBUSTIBLE MATERIALS: Fire and explosion hazard. OXALIC ACID: Intense reaction REDUCING AGENTS: Fire and explosion hazard ZINC: Corrosive HAZARDOUS DECOMPOSITION: Thermal decomposition products — Chlorine and Hydrochloric Acid Vapors Decomposition Products — Hypochlorous Acid Vapors POLYMERIZATION: Will not polymerize. SECTION XI SODIUM HYPOCHLORITE TOXILOGICAL INFORMATION IRRITATION DATA: 10 mg eyes — rabbit moderate TOXICITY DATA: lgm/ kg oral - woman; TDLo; 45mg/kg intravenous -man TDLo; 5800 mg/ kg oral -mouse LD50; 140 mg/ kq /9 week(s) continuous oral -rat TDLo CARCINOGEN STATUS: According to the IARC, animal inadequate evidence, human no adequate data, Group 3 ( Hypochlorite salts) LOCAL EFFECTS: Corrosive: inhalation, skin contact, eye, ingestion hazards ACUTE TOXICITYLEVEL: Slightly Toxic if ingested MUTAGENIC DATA: Mutation in micro organisms — Salmonella typhimurium lmg / plate ( -S9); DNA repair — Escherichiacoli 20ug/ disc; DNA damage — Esoherichiacoli 420 umol/L; phage inhibition capacity — Esoherichiacoli 103 ug/ well; micronucleus test - non - mammalian species multiple 200 ppb; cytogenetic analysis - non - mammalian species multiple 120 ug/ L; cytogenetic analysis — human lymphocyte 100 ppm 24hour(s); sister chromatid exchange — human embryo 149 mg/ L; cytogenetic analysis — hamster lung 100 mg/ L HEALTH EFFECTS: INHALATION ACUTE EXPOSURE: May cause severe bronchial irritation, sore throat with possible blistering, coughing, 4 stomatitis, nausea, labored breathing, shortness of breath and pulmonary epedema. 10 -20 mg/m3 causes burning of the nose and throat; 40 -60 mg /m3 may be fatal. If sufficient amounts are absorbed, may cause effects as detailed in acute ingestion. CHRONIC EXPOSURE: No data available. SKIN CONTACT ACUTE EXPOSURE: Extent of damage depends on concentration, pH, volume of solution and duration of contact. May cause redness, pain, blistering, itchy eczema and chemical burns. Sensitization reactions are possible in previously exposed persons. CHRONIC EXPOSURE: Effects depend on concentration and duration of exposure. Repeated or prolonged contact with corrosive substances may result in dermatitis or effects similar to acute exposure. Allergic dermatitis has also been reported. EYE CONTACT ACUTE EXPOSURE: May cause redness, pain, and blurred vision. Solutions of 5% splashed in human eyes have caused a burning sensation and later only slight superficial disturbance of the corneal epithelium which cleared completely in the next day or two without special treatment. However, one animal study reports a 5% solution causing only moderate irritation with clearing within 7 days. A higher concentration of 15% tested on rabbit eyes caused immediate severe pain, hemorrhages, rapid onset of ground -glass appearance of the corneal epithelium, moderate bluish edema of the whole cornea, chemosis and discharge for several days. Such eyes have sometimes healed in 2 -3 weeks with slight or no residual corneal damage but they had neovascularization of the conjunctiva and distortion of the nictitating membrane by scarring. CHRONIC EXPOSURE: Depending on concentration and duration of exposure, symptoms may be as those of acute exposure. INGESTION ACUTE EXPOSURE: May cause irritation and erosion of the mucous membranes, vomiting (possibly bloody) and abdominal pain and spasms. A drop in blood pressure, shallow respiration, edema (possibly severe) of pharynx, larynx, and glottis, confusion, convulsions, delirium and coma may occur. Cyanosis and circulatory collapse are possible. Esophageal or gastric perforation and strictures are rare. Death may occur, usually due to complications of severe local injury such as toxemia, shock, perforations, hemorrhage, infection and obstruction. Massive ingestions may produce fatal hyperchloremic metabolic acidosis or aspiration pneumonitis. CHRONIC EXPOSURE: Sensitization reactions are reported in individuals who are exposed in small amounts through their water supply. High doses have caused sperm abnormality in mice. SECTION XII ECOLOGICAL INFORMATION ECOTOXICITY DATA: FISH TOXICITY: 94.0 ug/L 96h hour(s) LC50 (Mortality) Cutthroat trout (Oncorhynchus clarki) INVERTEBRATE TOXICITY: 31.6 ug/L 7 hour(s) 1 C50 (Species Diversity) Protozoan phylum (Protozoa) ALGAL TOXICITY: 90 ug/L 96 hour(s) LC50 (Mortality) Algae, phytoplankton, algai mat (Algae) PHYTOTOXICITY: 230 ug/L 35 hour(s) (Biomass) Curled pondweed (Potamogeton crispus) OTHER TOXICITY: 2.1 ug/L 28 day(s) (Chlorophyll) Aquatic community (Aquatic community) ENVIRONMENTAL SUMMARY: Highly toxic to aquatic life. SECTION XIH DISPOSAL CONSIDERATIONS Subject to disposal regulations: U.S. EPA 40 CFR 262. Hazardous Waste Number(s): D001. Dispose in accordance with all applicable regulations. SECTION XIV TRANSPORT INFORMATION U.S. DOT 49 CFR 172.101 SHIPPING NAME -UN NUMBER: Sodium Hypochlorite) - UN 1791 U.S. DOT 49 CER 172.101 HAZARD CLASS OR DIVISION: 8 U.S. DOT 49 CFR 172.101 PACKING GROUP: III (less than 16% available chlorine) /11 (16% or more available chlorine) U.S. DOT 49 CFR 172.101 AND SUBPART E LABELING REQUIREMENTS: Corrosive U.S. DOT 49 CFR 172.101 PACKAGING AUTHORIZATIONS: EXCEPTIONS: 49 CFR 173.154 NON- BULK PACKAGING: 49 CFR 173.203 (less than 16% available chlorine) / 49 CFR 173.202 (16% or more available chlorine) BULK PACKAGING: 49 CFR 173.241 (less than 16% available chlorine) /: 49 CFR 173.242 (16% or more available chlorine) U.S. DOT 49 CFR 172.101 QUANTITY LIMITATIONS: PASSENGER AIRCRAFT OR RAILCAR: 5 LITERS / (less than 16% available chlorine) / 1 LITERS (16% or more available chlorine) CARGO AIRCRAFT ONLY: 60 LITERS / (less than 16% available chlorine) / 30 LITERS (16% or more available chlorine) SECTION XV REGULATORY INFORMATION U.S. REGULATIONS TSCA INVENTORY STATUS: Y TSCA 12(b) EXPORT NOTIFICATION: Not listed. CERCLA SECTION 103 (40CFR302.4): Y SODIUM HYPOCHLORITE: 100 LBS RQ SARA SECTION 302 (40CFR355.30) : N SARA SECTION 304 (40CFR355.40) : N SARA SECTION 313 (40CFR372.65) : N SARA HAZARD CATEGORIES, SARA SECTIONS 311/312 (40CFR3 70.2 1): ACUTE: Y CHRONIC: N FIRE: N REACTIVE: N SUDDEN RELEASE: N OSHA PROCESS SAFETY (29CFR1S10.119): N STATE REGULATIONS: California Proposition 65: N EUROPEAN REGULATIONS: EC NUMBER (BINECS) : 231 -668 -3 EC RISK AND SAFETY PHRASES: R31 Contact with acids liberates toxic gas. R34 Causes burns. S '/2 Keep locked -up and out of reach of children. S 28b After contact with skin, wash immediately with plenty of soap and water. S45 In case of accident or if you feel unwell, seek medical advice immediately (show the label where possible) S50 Do not mix with incompatible materials. CONCENTRATION LIMITS: C >10% C R 31 -34 5 % <= C < =10% Xi R 31 -36/38 GERMAN REGULATIONS: WATER HAZARD CLASS (WGK) : 2 (Official German Classification) SECTION XVI OTHER INFORMATION For additional information, contact our technical service department. Information contained in this MSDS refers only to the specific material designated and does not relate to any process or use involving other materials. This information is based on data believed to be reliable, and the Product is intended to be used in a manner that is customary and reasonably foreseeable. Since actual use and handling are beyond our control, no warranty, express or implied, is made and no liability is assumed by Odyssey Manufacturing in connection with the use of this information. ODYSSEY MANUFACTURING CO. ODYSSEY MANUFACTURING CO. 07/20/10 Ultra -Chlor Sodium Hypochlorite Specification For 12.5 Trade Percent Available Chlorine Item Guarantees Chemical Formula: NaOCI in water Delivered Grams per Liter: >120 GPL Specific Gravity Range: 1.159 - 1.169 % by Weight Excess Sodium Hydroxide: 0.15-0.4 pH: 12.3-12.7 Weight % Available Chlorine: >10.4 Weight % Sodium Hypochlorite: >10.85 lb /gallon Available Chlorine: >1 lb /gallon Gallons required to Obtain l lb of Chlorine: .96 - 1 gallon Iron (Fe): <0.30 mg /L Copper (Cu): <0.03 mg/L Nickel (Ni): <0.03 mg /L Manganese (Mn): <0.03 mg /L Selenium (Se): <.02 mg /L Bromate: <20 mg /L Perchlorate (At time of manufacture): <10 mg/L Chlorate (At time of manufacture): <2,000 mg /L Viscosity (Varies with temperature): 1.75 - 2.50 centipois Specific Heat: .90 -.94 Cal. /gm/deg C Thermal Conductivity: .2 -.4 W /m/deg C Suspended Solids Test (e.g. Filter Test): <3 minutes Hardness (as Calcium Carbonate): <5 ppm Appearance: Greenish - yellow liquid Typical Values NaOCI in water 122 - 125 GPL 1.163 - 1.165 0.25-0.35 12.4-12.6 10.55 - 10.8 11.05 - 11.3 1.03 - 1.041b /gallon .96 - .97 gallon .1 - .2 mg /L Not detectable Not detectable Not detectable Not detectable 5 - 10 mg /L Not Detectable 500 -1,000 mg /L 1.75 - 2.50 centipois .91 -.93 Cal. /gm/deg C .3 -.35 W /m/deg C .9 - 1.25 minutes 1 ppm Greenish- yellow liquid Note: Product is certified to meet ANSI/NSF Standard 60 and is in compliance with ANSUAWWA Standard B300 -04. UTILITIES COABUSSION City of New Smyrna Beach, Florida INVITATION TO BID ITB #07 -11 BIDS DUE BY: July 28,2011 (a 2:30 P.M. TABLE OF CONTENTS DESCRIPTION PAGE 1. GENERAL TERMS AND CONDITIONS 4 -11 2. REQUIRED CERTIFICATIONS AND REPRESENTATIONS 12 -21 2.1 CERTIFICATE OF DRUG -FREE WORKPLACE FORM 2.2 PUBLIC ENTITY CRIMES FORM (ATTACHMENT "A") 2.3 STATEMENT FOR NON - COLLUSION (ATTACHMENT "B ") 2.4 QUESTIONAIRE 2.5 EVALUATION FACTORS 2.6 REFERENCES 2.7 VENDOR INFORMATION 2.8 W -9 3. SCOPE /SPECIFICATION 22 -30 4. BID FORM 31 -32 ITB 07 -11 Water and Wastewater Chemicals 2 SCHEDULE ITB 07-11 Distribution of the Invitation to Bid Deadline for Final Questions by 2:30 PM E -mail to mlynchaucnsb.org Addendum Published by 5:OOPM Web Site www.ucnsb. net /purchasing /bid - information.aspx ITB Deadline by 2:30 PM Location: UCNSB — 3 rd Floor Deberry Room 200 Canal St. New Smyrna Beach, Fl June 24, 2011 July 12, 2011 July 13, 2011 July 28, 2011 ITB 07 -11 Water and Wastewater Chemicals SECTION 1- GENERAL INSTRUCTIONS AND CONDITIONS 1. The term COMMISSION used herein refers to the Utilities Commission, City of New Smyrna Beach, Florida, or its duly authorized representative. The term BIDDER used herein refers to the business organization submitting a bid to the COMMISSION in response to this solicitation. 3. BIDDERS are expected to examine, when applicable, the drawings, specifications, delivery requirements, performance sites and all instructions to satisfy themselves of conditions affecting cost of performing this contract. 4. No material, labor or facilities will be furnished by the COMMISSION unless specifically stated. 5. The BIDDER hereby attests that the prices in this offer have been arrived at independently without consultation, communication or agreement with any competitor for the purpose of restricting competition. 6. The BIDDER warrants that the prices of the items set forth herein do not exceed the prices charged by the BIDDER under a contract with the State of Florida. 7. The BIDDER agrees that the services furnished under this award shall be covered by the most favorable commercial warranties the BIDDER gives any customers for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the COMMISSION by any other provision of this award. A duly authorized representative of the COMMISSION will accomplish inspection and acceptance of the services purchased herein at the designated delivery point. 9. All invoices resulting from the award of this bid will be paid within 30 days of receipt of invoice or receipt of goods or acceptance of work performed. 10. A Bid Form is provided and a completed original and one duplicate copy shall be returned in a sealed envelope pronerly marked with Bid number and acknowledement of receipt of addenda where applicable. It is incumbent upon each bidder to ensure that they have received all addenda before submitting their bid. 11. Bids will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the request for bid. It is the Bidders sole responsibility to assure his/her bid is delivered at the proper time and place of the bid. The Commission will not be responsible for late deliveries or delayed mail. Bids delivered after the time specified shall not be considered, such bids shall remain unopened 12. Carelessness in quoting prices or in preparation of bid otherwise, will not relieve the bidder. Bidders are expected to examine specifications, delivery schedule, extensions, and all terms and conditions in the bid documents. Bids having erasures or corrections must be initialed in ink by ITB 07 -11 Water and Wastewater Chemicals 4 the Bidder. In the event of an extension error(s), the unit price will prevail. Written amounts shall take precedence over numerical amounts. 13. Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered. 14. Public Entity Crimes: UNDER SECTION 287.133(2)(a), FLORIDA STATUTES, A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to 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 amount provided in Section 287.017, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. 15. In the event of a tie bid, a preference is given to vendors submitting certification with the bid of a drug free work place in accordance with Section 287.087 Florida Statutes. This requirement affects all public entities in the State of Florida, and became effective January 1, 1991. 16. Bids shall be addressed and mailed or delivered as specified on page 1. $IDS MUST BE SUBMITTED IN DUPLICATE. 17. In the event an Invitation to Bid is returned as a no bid, "NO BID" shall be properly marked on the outside of the envelope with the bid number. 18. The Commission reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications. 19. Failure of the contractor to deliver within the time specified, or within a reasonable time as interpreted by the Purchasing Authority or failure to make replacements of rejected articles as directed, shall permit the Purchasing Authority to purchase on the open market articles of comparable grade to take the place of those rejected or not delivered. On all such purchases, the contractor shall reimburse the Utilities Commission, within a reasonable time specified by the Purchasing Authority, for any expenses incurred in excess of the defaulted price. Payments due the contractor by the Utilities Commission may be withheld until reimbursement is received. 20. When brand or trade names are used in the bid invitation, it is for the purpose of item identification and to establish standards for quality; style and features. Bids on equivalent items will be considered unless items are noted as no substitutes. Equivalent bids must be accompanied by descriptive literature and/or specifications to receive consideration. Demonstrations and/or samples may be required and shall be at not charge to the Utilities Commission. The UTILITIES COMMISSION reserves the right to determine if bid goods are equivalent to specified goods. ITB 07 -11 Water and Wastewater Chemicals 21. Awards shall be made as required for the best interest of the Commission. The right is reserved to make award(s) by individual items, group of items, all or none, or any combination thereof, with one or more suppliers. 22. Uniform Commercial Code (Applicable Only for the Purchase of Goods)- The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded vendor /contractor and Utilities Commission, for any terms and conditions not specifically stated in this Invitation to Bid. 23. Availability of Funds - The obligations of the Utilities Commission under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Utilities Commission, or other specified funding source for this procurement. 24. EEO Statement- Utilities Commission, is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age and gender. 25. Bid Tabulation and Results- Bid tabulations shall be available upon written request ten (30) days after opening or when an award is made whichever comes first. Requests may be faxed to (386) 424 -2748. 26. Contractual Agreement - This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. 27. Proprietary/Restrictive Specifications- Prospective bidders who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Materials Management Department upon receipt of this Invitation for Bids and prior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Invitation for Bids. 28. Indemnification for Tort Actions/Limitation of Liability- The provisions of Florida Statute 768.28 applicable to the Utilities Commission, City of New Smyrna Beach apply in full to this contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the Utilities Commission acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the Utilities Commission acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered as a result of any act, event or failure to act. ITB 07 -11 Water and Wastewater Chemicals The Utilities Commission shall not be liable in tort for the acts or omissions of an officer, employee or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. To the fullest extent permitted by law, the vendor shall defend, indemnify, and hold harmless the Utilities Commission, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the Utilities Commission. Provided, however, if the contract between the Utilities Commission and the Contractor is deemed by a court of competent jurisdiction to be a construction contract for purposes of Section 725.06, Florida Statutes, any obligation of the Contractor to defend, indemnify or hold harmless the Utilities Commission, shall be limited to an obligation to indemnify or hold harmless the Utilities Commission, its officers and employees from liability damages, losses, and costs, including but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the contractor and persons employed or utilized by the Contractor in the performance of the contract. 29. Conflict of Interest of Officers or Employees of the Contracting Entity/Local Jurisdiction, Members of the Local Governing Body, or Other Elected Officials - No member or employee of the contracting entity/local jurisdiction or its designees or agents; no member of the governing body; and no other public official of the Utilities Commission who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest. 30. Employee Conflict of Interest - It shall be unethical for any Utilities Commission employee to participate directly or indirectly in a procurement contract when the Utilities Commission employee knows that: (1) The Utilities Commission employee or any member of the Utilities Commission employee's immediate family has a financial interest in the procurement contract; or (2) any other person, business, or organization with whom the Utilities Commission employee or any member of a Utilities Commission employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. A Utilities Commission employee or any member of a Utilities Commission employee's immediate family who holds a financial interest in a disclosed blind trust shall not be ITB 07 -11 Water and Wastewater Chemicals 7 deemed to have a conflict of interest with regard to matters pertaining to that financial interest. 31. Gratuities and Kickbacks (1) Gratuities. It shall be unethical for any person to offer, give, or agree to give any Utilities Commission employee or former Utilities Commission employee, or for any Utilities Commission employee or former Utilities Commission employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity Utilities Commission in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. (2) Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub - contractor or any person associated therewith, as an inducement for the award of a subcontract or order. (3) Contract Clause. The prohibition against gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation therefore. 32. Employment of Former Utilities Commission Employees by any Person, Business, or Organization ContractinLr with the Utilities Commission. It shall be a violation for any person, business or organization contracting with the Utilities Commission to employ in any capacity, any former Utilities Commission employee or member of the Utilities Commission employee's immediate family within one year of that employee's separation from employment with the City, unless the employer or the former Utilities Commission employee files with the Utilities Commission Clerk a disclosure statement on a form to be provided for that purpose, stating the date of employment of the former Utilities Commission employee by the employer. ITB 07 -11 Water and Wastewater Chemicals 33. INSURANCE: The Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to Commission. Minimum Coverage Amounts and Limits (a) Worker's Compensation Statutory requirements at location of work Employer's Liability $ 100,000 Each occurrence $ 300,000 Disease, aggregate $ 100,000 Disease, each employee (b) General Liability $1,000,000 General Aggregate $1,000,000 Products — Comp Ops Agg $ 500,000 Each Occurrence $ 50,000 Fire Damage $ 5,000 Medical Expense (c) Automobile Liability $1,000,000 Combined Single Limit (owned, hired and non - owned) Option of Split Limits: (1.) Bodily Injury $ 500,000 Per Person $1,000,000 Per Accident (2.) Property Damage $ 500,000 Coverage shall apply to the indemnity agreement and shall include the UTILITIES COMMISSION, their officers and employees, each as additional insured but only as regards to their liability arising out of Contractor's performance of the work or out of operations performed by others on behalf of Contractor under this Contract. The insurance as afforded to such additional insured shall state that it is primary insurance and shall provide for a severability of interest or cross - liability clause. Prior to commencing performance of any work or site mobilization, Contractor shall furnish the Utilities Commission with Certificates of Insurance (identifying on the face thereof the Project name and Contract number) as evidence of the above required insurance and such Certificates shall provide for thirty (30) days written notice to the Utilities Commission prior to cancellation thereof. The Utilities Commission is not maintaining any insurance on behalf of Contractor covering loss or damage to the work or to any other property of Contractor unless otherwise specifically set forth herein. None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this contract. ITB 07 -11 Water and Wastewater Chemicals 9 Contractor shall deliver the original Certificate of Insurance and one copy to the agent of the Utilities Commission. Notices, in original and one copy, of cancellation, termination and alternation of such policies shall also be provided to the agent of the Utilities Commission. 34. WARRANTY AND ACCEPTANCE All material shall be new and workmanship shall be first class in every respect. The work shall be subject to inspection and acceptance by Commission. Contractor guarantees its work hereunder for a period of 12 months after completion and acceptance of the work unless otherwise set forth herein. In the event Commission discovers defects in material or workmanship at any time before the expiration of the specified warranty period, Contractor shall, upon written notice from Commission, repair or replace at its sole expense any such defects. Commission may perform such repairs or replacements by other reasonable means and Contractor agrees to pay for such corrective measures. Neither acceptance of the work by Commission nor payment shall relieve Contractor from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein. 35. LAWS, REGULATIONS, PERMITS AND TAXES: Contractor shall comply with Commission's jobsite procedures and regulations and with all applicable local, state and federal laws, rules and regulations and shall obtain all permits required for any of the work performed hereunder. Contractor shall procure and pay for all permits and inspections required for any of the work performed hereunder and shall furnish any bonds, security or deposits required to permit performance of the work. Contractor shall, to the extent permissible under applicable law, comply with the jobsite provisions which validly and lawfully apply to work on the specific jobsite being performed under this Contract. 36. WORK RULES, SECURITY: For work performed on Commission premises, Contractor shall strictly observe Commission work rules and security requirements. All work shall be carried out during normal Commission working hours unless specifically agreed to in writing by Commission. Contractor shall, at Commission's request remove from site any employee whom Commission deems to be incompetent, dishonest or uncooperative. 37. CHANGES: Commission may, at any time, direct in writing additions, deletions or changes to all or any part of the work. If any such changes cause an increase or decrease in the cost of or in the time required to perform such work, Contractor shall submit detail information substantiating such claims and an equitable adjustment shall be made to the price or time of performance. 38. RELEASE AGAINST LIENS OR CLAIMS: Contractor shall promptly pay all claims of persons or firms furnishing labor, equipment or materials used in performing the work hereunder. Commission may require Contractor to submit satisfactory evidence of payment and releases of all such claims. If there is any evidence of any such unpaid claim, the Utilities Commission may withhold any payment until Contractor has furnished such evidence of payment and release. 39. ASSIGNMENT: Any assignment by Contractor of this Contract or of any rights hereunder or hypothecation thereof in any manner, in whole or in part, by operation of law or otherwise, without the prior written consent of the Utilities Commission shall be voided. 40. SAFETY AND FIRE PREVENTION: Contractor shall at all times conduct all operations under the Contract in a manner to avoid risks of bodily harm to persons, damage to any property and fire. Contractor shall be responsible to take all precautions necessary and continuously inspect all work, materials and equipment to discover, determine and correct any such conditions which may result in any of the aforementioned risks. ITB 07 -11 Water and Wastewater Chemicals 10 THE UTILITIES COMMISSION RESERVES THE RIGHT TO WAIVE INFORMALITIES IN ANY BID, TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART, WITH OR WITHOUT CAUSE, AND /OR ACCEPT THE BIDS OR PORTIONS THEREOF THAT IN ITS JUDGMENT WILL BE FOR THE BEST INTEREST OF THE UTILITIES COMMISSION. ITB 07 -11 Water and Wastewater Chemicals 11 SECTION 3 — SCOPE This is a sealed Invitation to Bid issued by The Utilities Commission, City of New Smyrna Beach for our annual requirements of water and wastewater chemicals. The Utilities Commission previously participated in Volusia Council of Governments (VCOG) Cooperative Bid. The requirements listed in the following pages are strictly for the use of The Utilities Commission, City of New Smyrna Beach. The period of this contract shall commence on October 1, 2011 and continue through September 30, 2012. PRICES QUOTED IN YOUR BID RESPONSE MUST BE FOB DESTINATION. FREIGHT ALLOWED. CONTRACT PRICE MUST REMAIN FIRM FOR ONE YEAR. Specifications and estimated annual usage are provided herein. Estimated usage is for bidder information and evaluation only and no warranty is given or implied as to the actual quantity that will be purchased. The Utilities Commission requires an authorized person at the delivery location to sign the loading ticket. A copy of the chemical analysis shall be available for inspection before acceptance of the delivery. Specific delivery requirements are contained within the individual specifications. ITB 07 -11 Water and Wastewater Chemicals 22 SECTION 4- SPECIFICATIONS Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR LIQUID CHLORINE QUANTITY: 1 TON CYLINDERS- 240 Tons FY 11 -12 To be furnished in accordance with the following general specifications and shall conform to the standards prescribed by the standard ANSI /AWWA B301 -99 and standard operating procedure (SOP) of the Chlorine Institute. Liquid chlorine shall be for water purification at the Glencoe Water Treatment Plant and the Water Reclamation Facility. Bidders are to specify price delivered to the water and wastewater treatment plants. Delivery will be accepted when and as needed and shall be made within 96 hours of notification of need. Supplier shall be responsible for loading and unloading of chlorine cylinders. Chlorine deliveries are to be delivered by truck with a crane (Cherry Picker). Bidders are to specify price delivered F.O.B. Glencoe Water Treatment Plant 2640 Paige Avenue, New Smyrna Beach, Florida and the Water Reclamation Facility 3119 S.R. 44, New Smyrna Beach, Florida. Delivery will be accepted when and as needed. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 23 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR HIGH CALCIUM BULK QUICKLIME QUANTITY: 1700 Tons FY 11 -12 To be furnished in accordance with the following general specifications and shall conform to the standards as set forth by the AWWA B202 -02 regarding quicklime except as amended by the Utilities Commission, New Smyrna Beach, in the following manner: 1. The standards shall read 90% available Calcium Oxide. 2. Section 1.4.1 through 1.4.2 shall be omitted. The quicklime shall be delivered into the lime storage bins by truck, to the Glencoe Water Treatment Plant 2640 Paige Ave, New Smyrna Beach, FL and the Water Reclamation Facility 3119 S.R. 44., New Smyrna Beach, FL, for the purpose of water treatment and shall be of a size as required for optimal performance in existing slaking equipment at the above mentioned Plants. The Water Plant Superintendent shall specify size requirement prior to the beginning of the contract. Delivery will be accepted when and as needed and shall be made within forty-eight (48) hours upon notification of need. Each shipment will be accompanied by a chemical analysis indicating the availability of calcium oxide, temperature rise in 3 min., and insoluble matter. The Utilities Commission, New Smyrna Beach reserves the right to inspect and make laboratory analysis of each load. Should the lime fail to meet the specifications and standards as amended and set forth by the Utilities Commission, New Smyrna Beach and the A.W.W.A. B202 -93, it shall be rejected. If it is necessary for the City to reject more than five (5) loads, it shall be grounds for the termination of said contract. It shall also be terminated if it is determined that any chemical or physical quality of the lime renders it incompatible with the water treatment process or equipment in use at the water treatment plant and it is necessary to purchase more than 5 loads from an alternate source due to this incompatibility. Bidders are to specify price delivered F.O.B. site of use, to the Glencoe Water Treatment Plant 2640 Paige Ave, New Smyrna Beach, FL and the Water Reclamation Facility 3119 S.R. 44, New Smyrna Beach, FL. Bid price shall be firm for the contract duration. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMNIISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 24 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR SODIUM SILICOFLUORIDE (SODIUM FLUOROSILICATE) QUANTITY: 15,000 LBS FY 11 -12 To be furnished in accordance with the following general specifications and shall conform to the standards prescribed by the standard ANSUAWWA B702 -99. The sodium silicofluoride (Na shall have a minimum of 98% sodium silicofluoride which corresponds to approximately 59.4% fluoride (F), insoluble water not more than 0.5%, moisture not more than 0.5%. Each shipment will be accompanied by chemical analysis to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. Glencoe Water Treatment Plant, 2640 Paige Ave. New Smyrna Beach, FL, delivered in fifty pound (50 lb.) plastic lined multi -paper bags. UCNSB can accept only one pallet at a time. Delivery will be accepted when and as needed. Suppliers shall provide 24 hours notice prior to delivery and shall be responsible for unloading at the delivery site. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 25 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR ANHYDROUS AMMONIA QUANTITY: 40,000 LBS FY 11 -12 Anhydrous ammonia shall be supplied for use at the Glencoe Water Treatment Plant, 2640 Paige Ave., New Smyrna Beach, FL. Supplier shall deliver to a 1,000 gallon tank at this location. Delivery shall be accepted when and as needed. Anhydrous ammonia provided shall be in accordance with the following general list of physical properties. Ammonia (NH3) content 99.99% minimum Oil 2 ppm maximum Each shipment shall be accompanied by a chemical analysis report to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. Glencoe Water Treatment Plant, 2640 Paige Ave., New Smyrna Beach, FL. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 26 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR ALUMINUM SULFATE QUANTITY: 200,000 DRY LBS FY 11 -12 Aluminum Sulfate is used as a phosphorous removal aid at the Utilities Commission, New Smyrna Beach, Water Reclamation Facility, 3119 S.R. 44, New Smyrna Beach, Florida. The Aluminum Sulfate shall be in liquid form containing water - soluble aluminum and shall meet the following minimum chemical specifications: • Alum Solution: 48.5% • Viscosity: 30 Centistokes • Specific Gravity: 1.35 to 1.48 • pH: 2.0 to 2.4 • Temperature: Ambient Delivery shall be in "bulk" quantities of 1,000 gallons /11,080 lbs. per delivery to an existing on- site 1,200 gallon storage tank on an as needed basis and shall be made within 96 hours of notification of order. The supplier shall be responsible for unloading on site to a provided two (2) inch PVC male Cam Lock quick coupling connection. Each shipment shall carry with it some means of identification. The following information shall be legibly marked on each package, drum, other container or bulk shipment: • Contents: Aluminum Sulfate • Net weight • Name of manufacturer • Brand name, if any Bids will be accepted only for those products that produce the desired results of reducing phosphorous levels below one (1) mg/L in the Water Reclamation Facilities effluent. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE ITB 07 -11 Water and Wastewater Chemicals 27 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR LIQUID SODIUM BISULFITE QUANTITY: 60,000 LBS FY 11 -12 Sodium Bisulfite shall be used for the purpose of dechlorination at the Dechlorination Facility 120 North Causeway, New Smyrna Beach, Florida and shall be furnished in accordance with the following general specifications. The Sodium Bisulfite shall be a liquid solution of approximately 38% to 42% solution strength with a specific gravity of 1.31 to 1.36 at room temperature of 60 °F and a pH of 4.0 to 4.8. The sulfur dioxide equivalent shall be from 23.4% to 24.8 %. The iron content shall not exceed 3ppm and heavy metals shall not exceed 5ppm. Supplier shall deliver to a 2,000 gallon tank (Delivery Max 2,000 gals. / Min 500 gals.) at the Dechlorination Facility. Delivery shall be accepted when and as needed. Each shipment shall be accompanied by a chemical analysis report to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. Dechlorination Facility 120 North Causeway, New Smyrna Beach, Florida. Delivery must be between Tuesdays — Thursdays between Sam — 4pm IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 28 Utilities Commission, New Smyrna Beach, FL SPECIFICATIONS FOR HYPOCHLORITE SOLUTION (BLEACH) QUANTITY: 5,000 GALLONS FY 11 -12 To be furnished in accordance with the following general specifications. 10 % Hypochlorite Solution, 8, UN1791, PG11, CORROSIVE BLEACH Must meet NSF No. 60 Standard. Must be usable in drinking water. Each shipment will be accompanied by chemical analysis to show that it conforms with specifications. Bid price shall be firm for contract duration and shall be F.O.B. 4510 SR AlA New Smyrna Beach, FL. Delivery will be accepted when and as needed. 425 Gallon Tank. Suppliers shall provide 24 hours notice prior to delivery. IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE UTILITIES COMMISSION, NEW SMYRNA BEACH, RESERVES THE RIGHT TO PURCHASE SUPPLIES FROM THE BEST AVAILABLE SOURCE. ITB 07 -11 Water and Wastewater Chemicals 29 UTILITIES COMMISSION City of New Smyrna Beach Bid No 07 -11 Estimated Quantities Chemical Delivery Delivery Delivery Location Delivery Quantity Location Location Dechlorination Location Total Glencoe Water Water Facility South Beach Treatment Reclamation 120 North Pumping Plant Facility Causeway, New Station 2640 Paige 207 Williamson Smyrna Beach, FL 4510 SAlA Ave Blvd., New New Smyrna New Smyrna Smyrna Beach, Beach, FL Beach, FL FL Hypochlorite 5,000 5,000 Solution Gallons Gallons Chlorine 150 Tons 90 Tons 240 Tons Q uicklime 1500 Tons 200 Tons 1700 Tons Anhydrous 40,000 Lbs 40,000 Lbs Ammonia Sodium Silica 15,000 Lbs 15,000 Lbs Fluoride Sodium 60,000 Lbs 60,000 Lbs B isulfite Aluminum 200,000 Lbs 200 Lbs Sulfate ITB 07 -11 Water and Wastewater Chemicals 30 2.5 EVALUATION FACTORS Bids shall include all of the information solicited in this ITB, and any additional information that the Bidder deems pertinent to the understanding and evaluating of the bid. Bids shall be organized and sections tabbed in the following order. The Bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. All proposals shall include, at a minimum, the following information. Failure to supply all of the information requested may result in the bid being excluded from consideration. Factor #I Experience: Provide a profile showing the company history, business structure, and list of principals. Factor 42 References: Submit a detailed list of clients receiving similar services within the last five years. Please include a brief description of the scope of work performed and the name, phone number and email address of the contact person. You may use form 2.6, which is page 19. Factor #3 Pricing: Submit Bid Proposal from page 31. PRICING MUST BE FOB DESTINATION FREIGHT ALLOWED. CONTRACT PRICE MUST BE FIRM FOR ONE YEAR. Factor #4 License: Submit a copy of your current applicable Licenses. Factor #5 Public Entity Crimes and Non - collusion Affidavit All Bidders shall properly complete, notarize and submit Attachments "A" and `B" here. ITB 07 -11 Water and Wastewater Chemicals 17 Factor #6 Addenda Acknowledgement Please submit all addenda (if any) related to this bid here. Factor #7 Questionnaire The Questionnaire responses should be submitted here. Factor 48 Other Information Provide any information that will provide insight to the evaluators about the qualifications, fitness and abilities of the Bidder. This information should be succinct. ITB 07 -11 Water and Wastewater Chemicals 18 CITY OF SANFORD AGREEMENT WITH ODYSSEY MANUFACTURING CO. FOR SODIUM HYPOCHLORITE (PIGGYBACK) THIS AGREEMENT made and entered into this al day of -PO 1 D 2009 by and between the: City of Sanford, Florida City Hall 300 North Park Avenue Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "City," and: . Odyssey Manufacturing Co. 1484 Massaro Boulevard Tampa, Florida 33699 a corporation, authorized to do business in the State of Florida, hereinafter referred to as the "Contractor". The City and the Contractor are collectively referred to herein as the "parties ". WITNESSETH - . WHEREAS, the Contractor has entered an agreement to provide services to Palm Coast pursuant to an Agreement which Agreement continues to be in effect (hereinafter collectively the "Palm Coast Agreement "; and WHEREAS, the City desires to retain the Contractor for the work identified in the specifications outlined in the Palm Coast Agreement and for the periods set-forth in the Palm Coast Agreement; and WHEREAS, the Palm Coast Agreement is attached hereto as Exhibit "A" along with the certain other documents relating thereto to include, but not be limited to, the documents relating to the Daytona Beach Cooperative; and WHEREAS, the City desires to employ the Contractor for the performance to support the activities, programs, and projects of the City upon the terms and conditions hereinafter set forth and in the Palm Coast Agreement, and the Contractor is desirous of performing and providing such services upon said terms and conditions; and WHEREAS, the Contractor hereby warrants and represents to the City that it is competent and otherwise able to provide professional and high quality services to the City; Odyssey Manufacturing Co. -- Palm Coast Piggyback Agreement Page No. 1 WHEREAS, the references to the provisions of services to the City to the City shall include to provision of goods and the term "Work Order" shall include the term "Purchase Order" herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: SECTION 1: DEFINITIONS. Ad valorem - In proportion to the estimated value of the goods taxed. Agreement — This document and all subsequent Work Orders between the City and Contractor. Each exhibit, even if not physically attached, shall be treated as if it is a part of this Agreement. The effective date of this Agreement is the date that the City Commission approves the selection of the Contractor and the Agreement is executed by the City. Billing Period — The period of time between project commencement to the close of the current period, (inclusive); or from the close of the previous billing period, (exclusive), to the close of the current period, usually concurrent with the month. In no case shall this period be less than one calendar month except for the final billing period. Bona Fide - Made or carried out in good faith; sincere. City — The City of Sanford, a municipal corporation of the State of Florida holding tax exempt status. Contractor - To include all principals of the Contractor including, but not limited to, full and part time employees, professional or otherwise, and all other agents employed by or for Contractor to perform its obligations hereunder. Description of Services - Shall be written in paragraph form resonably describing those services the City can expect the Contractor to provide. The description shall be written in such a manner that the type of service is clearly provided, but broad enough that all services reasonably expected of the Contractor, including services provided by partners, subcontractors, and other. supporting professionals, can be provided to the City. Designated Representative — A person who administers, reviews, and coordinates the provision of services. This definition applies equally to the City and to the Contractor. Exhibit A -- Palm Coast Agreement and related documents. Exhibit B — Project Status Report Form. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 2 Exhibit C — Certificate of Liability Insurance. Force Maieure -Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, terrorism, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Agreement is beyond the control and without the fault or negligence of the party seeking relief under this Agreement: Law - Said phrase shall include statutes, codes, rules and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. Pari Materia -- of the same matter; on the same subject. Laws pari materia must be construed with reference to each other /together when related to the same matter or subject. The provisions of a contract/agreement shall be construed together with no isolated construction of a particular provision such that it would defeat the overall intent of the contractlagreement. Submittals — Any item required by this agreement that the Contractor must provide the City either for inclusion as part of this Agreement or not. Type of Service — The services are generally related to the provision of sodium hypochlorite as described in the Scope of Services to the Palm Coast Agreement and shall be provided to the City in accordance with the controlling provisions of law. Work Order - A detailed description of quantities, services and a completion schedule for the provision of such goods and /or services issued by the City on it's approved form which, on occasion, may contain documents published, on Contractor letterhead, describing all work associated with the goods /services to be provided by the Contractor to the City for an agreed price referencing this Agreement by title and date. SECTION 2: CAPTIONS. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. SECTION 3: EXTENT OF AGREEMENTIINTEGRATION /AMENDMENT. (a). This Agreement, together with the exhibits, constitutes the entire integrated Agreement between the City and the Contractor and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein including, without limitation, the exhibits, constitute the full and complete agreement between the parties hereto and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements regardless of whether written or oral. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 3 (b). This Agreement may only be amended, supplemented, or modified by a formal written amendment. (c). Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. (d). The exhibits made part of this Agreement are as follows: Exhibit A - Palm Coast Agreement (as referenced). Exhibit B - Project Status Report. Exhibit C - Certificate of Liability Insurance. SECTION 4: NO GENERAL CITY OBLIGATION. (a). In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (b). The Contractor shall not have the right to compel the exercise of the ad ,valorem taxing power of the City. SECTION 5: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED. (a). Execution of this Agreement by the Contractor is a representation that the Contractor is familiar with local conditions and with :the services to be performed. The Contractor shall make no claim for additional time or money based upon its failure to comply with this Agreement. The Contractor has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and to be identified in the Work Orders, and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinances, rules, regulations, or orders of any public authority or licensing entity having jurisdiction over City projects. Execution of a Work Order shall be an affirmative and irrefutable representation by the Contractor to the City that the Contractor is fully familiar with any and all requisite work conditions of the provisions of the services and /or goods to be provided. (b). The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c). It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the Contractor (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the City for any purpose, or in any Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 4 manner of whatsoever type or nature. The Contractor is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. (d). Persons employed by the Contractor in the provision and performance of the services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. SECTION 6: GENERAL PROVISIONS. (a). Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement and that it has the legal authority to enter into this Agreement, and to undertake all obligations imposed on it. The person(s) executing this Agreement for the Contractor certifies /certify that he /she /they islare authorized to bind the Contractor fully to the terms of this Agreement. (b). This Agreement is for the services as described in this Agreement and are to be accomplished in accordance with the controlling provisions of law and as directed by the City to include all labor and materials that may be required. (c). The Contractor acknowledges that the City may retain other contractors to provide the same types of services for City projects. The City reserves the right to select which contractor shall provide services for City projects. (d). The Contractor acknowledges that the City has retained, or may retain, other contractors and the coordination between said contractors and the Contractor may be necessary from time -to -time for the successful completion of each Work Order. The Contractor agrees to provide such coordination as necessary. (e). The Contractor agrees to provide and ensure coordination between goods /services providers. (f). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (g). The Contractor shall maintain an adequate and competent staff and professionally qualified persons throughout the performance of this Agreement to ensure acceptable and timely completion of each Work Order. (h). Requirements for signing and sealing plans, reports and documents prepared bythe Contractor shall be governed by the laws and regulations of Palm Coast and State regulatory agencies. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 6 (i). The Contractor hereby guarantees the City that all material, supplies, services and equipment as listed on a Purchase Order or Work Order meet the requirements, specifications, and standards as provided for under the Federal Occupations Safety and Health Act of 9970, from time -to -time amended and in force on the date hereof. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. SECTION 7: CODES AND DESIGN STANDARDS. (a). All the services to be provided or performed by the Contractor shall in the minimum be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory agencies. - (b). The Contractor shall be responsible for keeping apprised of any changing laws. applicable to the services to be performed under this Agreement. SECTION 8: SUBCONTRACTORS. (a). Any Contractor proposed subcontractor shall be submitted to the City for written approval prior to the Contractor entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment and insurance certifications. (b). The Contractor shall coordinate the provision of services and work product of any City approved subcontractor and remain fully responsible for such services and work under the terms of this Agreement. (c). Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractors to assume performance of the Contractor's duties commensurately with the Contractor's duties to the City under this Agreement it being understood that nothing herein shall in any way relieve the Contractor from any of its duties under this Agreement. The Contractor shall provide the City with executed copies of all subcontracts. SECTION 9: ASSIGNABILITY. The Contractor shall not sublet, assign, or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written City approval. When approved by the City, written notice of such assignment or transfer shall be furnished promptly to the City. SECTION '10: COMMENCEMENT/ IMPLEMENTATION SCHEDULE OF AGREEMENT. (a). The Contractor shall commence the provision of services as described in this Agreement immediately upon execution of this Agreement and a Work Order thereunder. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 6 (b). The Contractor and the City agree to make every effort to adhere to the schedules established for the various Work Orders as described in each Work Order. However, if the Contractor is delayed at any time in the provision of services by any act or omission of the City, or of any employee of the City, or by any other Contractor employed by the City, or by changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the Contractor and beyond the Contractor's control which would not reasonably be expected to occur in connection with or during performance or provision of the services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Contractor shall not be entitled to any damages or compensation, of any type or nature, or be reimbursed for any losses on account of any delay or delays resulting from any of the aforesaid causes or any other cause whatsoever. SECTION 11- LENGTH OF AGREEMENT. (a). The term of this Agreement is coextensive with the term of the Palm Coast Agreement. (b). The Contractor's services shall begin upon written notification to proceed by the City as set forth in a Work Order. (c). The Contractor's services shall be on a Work Order basis and may include matters such as serving as an expert witness. SECTION 12: DESCRIPTION OF SERVICES. (a). The Contractor agrees to provide the services as outlined and described in this Agreement all of which are to be provided to the City in accordance with the controlling provisions of law as more specifically outlined in Exhibit A and Work Orders issued hereunder. .(b). The Contractor shall diligently and in a professional and timely manner perform and provide the services outlined herein or as included in each subsequently entered Work Order. Unless modified in writing by the parties hereto, the duties of the Contractor shall not be construed to exceed the provision of the services pertaining to this Agreement. (c). The City and Contractor agree that there may be certain additional services required to be performed by the Contractor during the performance of the Work Orders that can not be defined sufficiently at the time of execution' of this Agreement. Such services shall be authorized in writing as a Change Order in accordance with Section 21. The Work Orders may contain addititonal instructions or provide specifications upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 7 SECTION 13: CONTRACTOR RESPONSIBILITIES. (a). The Contractor shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the Contractor under this Agreement as well as the conduct of its staff, personnel, employees and agents. All Contractor employees shall at all times when performing work wear identification badges which, at a .minimum, provides the name of the employee and the Contractor. (b). The Contractor shall provide to the City a list of employees working on the project. The Contractor shall provide to the City a list of employee working days, times and assignments within forty -eight (48) hours of the City's written request for such information. This information, when requested by the City, shall be provided to the City prior to the employees of the Contractor entering the. City's premises. (c). The Contractor shall comply with the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The Contractor shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the City by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford.: (1) fingerprinting in accordance with the City's pre - employment procedures, (2) submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation, and (3) submission of the fingerprints to the Federal Bureau of investigation for a national criminal history evaluation. Such confidential information shall be used by the City to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the City may request and the Contractor shall provide the name, address and social security number and licenses (driver's, commercial drivers license, or other operator's license) for employees of the Contractor that may work on the City's premises in positions found by the City Commission to be critical to the security and /or public safety of the City by reason of access to any publicly owned or operated facility. The Contractor shall release such information upon approval of the employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. (d). The Contractor shall work closely with the City on all aspects of the provision of the services. The Contractor shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes only and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the Contractor under this Agreement. The "Contractor shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The Contractor's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 8 (e). Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Contractor shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Contractor's negligent or improper performance or failure to perform any of the services furnished under this Agreement. (f). The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. (g). Time is of the essence in the performance of all services provided by the Contractor under the terms of this Agreement and each and every Work Order. (h). The Contractor shall cooperate with the City in the implementation of the City's tax recovery program and, to that end, the City may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The Contractor hereby recognizes the right of the City to engage in tax recovery/savings through direct purchases. SECTION 44: CITY RIGHTS AND RESPONSIBILITIES. (a). The City shall reasonably cooperate with the Contractor in a timely fashion at no cost to the Contractor as set forth in this Section. (b). The City shall furnish a City designated representative to administer, review, and coordinate the provision of services under each Work Order. (c). The City shall make City personnel available where, in the City's opinion, they are required and necessary to assist the Contractor. The availability and necessity of said personnel to assist the Contractor shall be determined solely at the discretion of the City. (d). The City shall furnish the Contractor with exisitng data, records, maps, plans, specifications, reports, fiscal data and other engineering information that may be available in the City's files that is necessary or useful to the Contractor for the performance of the work provided for in this Agreement. All such documents conveyed by the City to the Contractor shall be, and always remain, the property of the City and shall be returned to the City upon completion of the work to be performed by the Contractor. (e). The City shall examine all Contractor reports, sketches, drawing, estimates, proposals and other documents presented to the City and indicate the City's approval or disapproval within a reasonable time so as not to materially delay the provisions of the services of the Contractor. (f). The City shall provide access to and make provisions for the Contractor to enter upon public and private lands as required for the Contractor within a reasonable time to perform work as necessary to complete the Work Order, Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 9 (g). The City shall transmit instructions, relevant information, and provide interpretation and definition of City policies and decisions with respect to any and all materials and other matters pertinent to the services covered by this Agreement. (h). The City shall give written notice to the Contractor whenever the City designated representative knows of a development that affects the services provided and performed under this Agreement, timing of the Contractor's provision of services, or a defect or change necessary in the services of the Contractor. (i). The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. The City may assert its right of recovery by any appropriate means including, but not limited to, set-off, suit, withholding, recoupment or counterclaim, either during or after performance of this Agreement. 0). The City shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the responsibilities of the Contractor in carrying out the duties and responsibilities deriving from this Agreement. (k). The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder, shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. (1). Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor for any cause of action arising out of the performance of this Agreement and the Contractor shall be and always remain liable to the City in accordance with applicable law for any and all damages to the City caused by the Contractor's negligent or wrongful provision or performance of any of the services furnished under this Agreement. (m). All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the Consutant's services or have been created during the course of the Contractor's performance under this Agreement shall become the property of the City after. final payment is made to the Contractor. (n). In the event the City fails to comply with the terms and conditions of this Agreement, the Contractor shall notify the City's designated representative in writing in order that the City may take remedial action. SECTION 15: WAIVER. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder, shall Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 10 not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 16: FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by force majeure. SECTION 17: STANDARDS OF CONDUCT. (a). The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that the Contractor has not paid or agreed to pay any person, company, corporation, individual, orfirm otherthan a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. (b). If the City determines that any employee or representative of the Contractor is not satisfactorily performing his or her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the City shall so notify the Contractor, in writing. The Contractor shall immediately remove such employee or representative of the Contractor from such assignment. (c). The Contractor hereby certifies by this writing that no undisclosed conflict of interest exists with respect to the Agreement including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the Contractor, or any interest in property that the Contractor may have. The Contractor further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the City. Violation of this Section shall be considered as justification for immediate termination of this Agreement. (d). The Contractor shall not engage in any action that would create a conflict of interest for any City employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part Ill, Chapter 112, Florida Statutes, relating to ethics in government. (e). The City shall not intentionally award publicly- funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA)]. The City shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the City. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 11 (f). The Contractor shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (g). The Contractor shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection, or discrimination. (h). If the Contractor or an affiliate is placed on a discriminatory vendor list, such action may result in termination by the City. The Contractor shall certify, upon request by the City, that it is qualified to submit a bid under Section 287.134 (2) (c), Florida Statutes. (i). If the Contractor or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the City. The Contractor shall certify, upon request by the City, that is qualified to submit a bid under Section 287.133 (2)(a), Florida Statutes. The Contractor shall certify, upon request by the City, that the Contractor maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. (k). The Contractor agrees to comply with Federal, State and local environmental, health and safety laws and regulations applicable to the services provided to the City. The Contractor agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment shall ensure compliance.with any and all employment safety, environmental and health laws. (1). If applicable, in accordance with Section 216.347, Florida Statutes, the Contractor shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. (m). The Contractor shall not publish any documents or release information regarding this Agreement to the media without prior approval of the City. (n). The Contractor shall ensure that all services are provided to the City after the Contractor has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. (o). The Contractor shall ensure that all taxes due from the Contractor are paid in a timely and complete manner including, but not limited to, the local business tax. SECTION 18: NOTICES. (a). Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement Page No. 12 addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b). For the present, the parties designate the following as the representative places for giving of notice, to -wit: (1). For the City: City Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 (2). For the Contractor Mr. Stephen W. Sidelko Odyssey Manufacturing Co. 484 Massaro Boulevard Tampa, Florida 33619 (c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Contractor agrees not to claim any waiver by City of such notice requirements based upon City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Contractor to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. SECTION 19: DESIGNATED REPRESENTATIVES. (a). The City Manager, or designated representative, represents the City in all matters pertaining to and arising from the work and the performance of this Agreement. (b). The City Manager or designated representative shall have the following responsibilities: (1). Examination of all work and rendering, in writing, decisions indicating the City's approval or disapproval within a reasonable time so as not to materially delay the work of the Contractor; (2). Transmission of instructions, receipt of information, and Interpretation and definition of City's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 13 (3). Giving prompt written notice to the Contractor whenever the City knows of a defect or change necessary in the project; and (c). Until further written notice, the City's designated representative for this Agreement is: City Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 (d). Prior to start of any work under this Agreement, the Contractor shall submit to the City detailed resumes of key professional personnel that will be involved in performing services described in the work. The City hereby acknowledges its acceptance of such personnel to perform services under this Agreement. At any time hereafter that the Contractor desires to change key professional personnel in an active assignment, it shall submit the qualifications of the new professional personnel to the City for prior approval. Key professional personnel shall include the principal -in- charge, project managers and others interfacing with City personnel. (e). Until further written notice, the Contractor's designated representative for this Agreement is: Mr. Stephen W. Sidelko Odyssey Manufacturing Co. . 484 Massaro Boulevard Tampa, Florida 33619 SECTION 20: WORK ORDERS. (a). The provision of services to be performed under this Agreement may commence immediately upon the execution of this Agreement or a Work Order as directed and determined by the City. Services to be provided by the Contractor to the City shall be negotiated between the Contractor and the City. Each Work Order shall reference this Agreement by title and date, include a detailed description of quantities, services, and a completion schedule, and will be provided on Contractor letterhead. Services described in said Work Order will commence upon the issuance of a City Notice -to- Proceed. (b). If the services required to be performed by a Work Order is clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The Contractor shall perform all services required by the Work Order but in no event shall the Contractor be paid more than the negotiated Fixed Fee amount stated therein. (c). The Contractor and the City agree to make every effort to adhere to the schedule established for the various Work Orders described in the Work Order. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 14 (d). If the services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Not -to- Exceed amount. If a Nat -to- Exceed amount is provided, the Contractor shall perform all work required by the Work Order; but in no event shall the Contractor be paid more than the Not -to- Exceed amount specified in the applicable Work Order. (e). For Work Orders issued on a "Fixed Fee Basis," the Contractor may invoice the amount due based on the percentage of total Work Order services actually performed and completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount, the Contractor may invoice the amount due for actual work hours performed; but in no event shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to a percentage of the total services actually completed. (g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not - to- Exceed amount shall be treated separately for retainage purposes. If the City determines that work is substantially complete and the amount retained, if any, is considered to be in excess, the City may, at its sole and absolute discretion, release the retainage or any portion thereof. (h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the Contractor may invoice the amount due for services actually performed and completed. The City shall pay the Contractor one hundred percent (100 %) of the approved amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount. SECTION 21: CHANGE ORDERS. (a). The City may revise the description of services set forth in any particular Work Order. (b). Revisions to any Work Order shall be authorized in writing by the City as a Change Order. Each Change Order shall include a schedule of completion for the services authorized. Change Orders shall identify this Agreement and the appropriate Work Order number. The Change Orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be provided. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. An agreement between the parties on and execution of any Change Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change of work andlor services and to the impact of the change on unchanged goods and /or work including, not limited to, all direct and indirect costs of whatever nature and all adjustments to the Contractor schedule. Odyssey Manufacturing Cc. — Palm Coast Piggyback Agreement 15 (c). If instructed by the City, the Contractor shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the Contractor, the Contractor may be entitled to additional compensation. The Contractor must submit for City approval a revised proposal with a revised fee quotation. Additional compensation, if any, shall be agreed upon before commencement of any such additional work and shall be incorporated into the work by Change Order to the Work Order. . SECTION 22: COMPENSATION. (a). Compensation to the Contractor for the services performed on each Work Order shall be as set forth the Work Order /Change Order or as set forth in the Seminole Count y Agreement which enumerates rates and charges of the Contractor. (b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc. and other items not directly attritbutable to items produced for each Work Order. (c). Work performed by the Contractor without written approval by the City's designated representative shall not be compensated. Any work performed by the Contractor without approval by the City is performed at the Contractor's own election. (d). I n the event the City fails to provide compensation under the terms and conditions of this Agreement, the Contractor shall notify the City's designated representative. in order that the City may take remedial action. SECTION 23: INVOICE PROCESS. (a). Payments shall be made by the City to the Contractor when requested as. work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. The Contractor shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing all services rendered as Exhibit B, the Project Status Report f=orm, the cost of the services, the name and address of the Contractor, Work Order Number, Contract Number and all other information required by this Agreement. (b). Invoices which are in an acceptable form to the City and without disputable items will be processed for payment within thirty (30) days of receipt by the City. . (c). The Contractor will be notified of any disputable items contained in invoices submitted by the Contractor within fifteen (15) days of receipt by the City with an explanation of the deficiencies. (d). The City and the Contractor will make every effort to resolve all disputable items contained in the Contractor's invoices. (e). Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, the billing period, and include the Project Status Report for the Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 16 period being billed. A Project Status Report form is attached as Exhibit B. (f). The Florida Prompt Payment Act shall apply when applicable. (g). Invoices are to be forwarded directly to: Finance Director City Hall City of Sanford 300 North Park Avenue Sanford, Florida 32771 SECTION 24: TERMINATION OF AGREEMENT. (a). The City may terminate this Agreement or any Work Order for convenience at any time for one or more of the reasons as follows: (1). If, in the City's opinion, adequate progress under this Agreement, or a Work Order, is not being made by the Contractor; or (2). If, in the City's opinion, the quality of the services provided by the Contractor is /are not in conformance with commonly accepted professional standards, standards of the City, the requirements of Federal or State regulatory agencies, and the Contractor has not corrected such deficiencies in a timely manner as reasonably determined by the City; or (3). The Contractor or any employee or agent of the Contractor is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the Contractor; or (4). The Contractor becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or (5). The Contractor violates the standards of conduct provisions herein or any provision of State or local law or any provision of the City's ethical rules or codes of conduct. (b). In the event of any of the causes described in this Section, the City's designated representative may send a certified letter requesting that the Contractor show cause why the Agreement or any Work Order should not be terminated. If assurance satisfactory to the City of corrective measures to be made within a reasonable time is not given to the City within fourteen (14) calendar days of the receipt of the letter, the City may consider the Contractor to be in default, and may immediately terminate this Agreement or any Work Order in progress under this Agreement. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 17 (c). In the event that this Agreement or a Work Order is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Work Order shall be deemed terminated for convenience by the City and the City shall have the rightto so terminate this Agreement without any recourse by the Contractor. SECTION 25: TERMINATION BY CONTRACTOR FOR CAUSE. (a). The Contractor may terminate this Agreement if: (1). The City materially fails to meet its obligations and responsibilities as contained in Section 14; City Rights and Responsibilities; or (2). The City fails to pay the Contractor in accordance with this Agreement. (b). In the event of either of the causes described in Subsection (a), the Contractor shall send a certified letter requesting that the City show cause why the Agreement should not be terminated. If adequate assurances are not given to the Contractor within fourteen (14) calendar days of the receipt of said show cause notice, the Contractor may consider the City to be in default and may immediately terminate this Agreement. SECTION 26: TERMINATION BY THE CITY WITHOUT CAUSE. (a). Notwithstanding any other provision of this Agreement, the City shall have the right at any time to terminate this Agreement in its entirety without cause, or terminate any specific Work Order without cause, if such termination is deemed by the City to be in the public interest, provided that thirty (30) calendar days prior written notice is given to the Contractor of the City's intent to terminate. (b). In the event that this Agreement is terminated, the City shall identify any specific Work Order(s) being terminated and the specific Work Order(s) to be continued to completion pursuant to the provisions of this Agreement. (c). This Agreement will remain in full force and effect as to all authorized Work Order(s) that is /are to be continued to completion. SECTION 27: PAYMENT IN THE EVENT OF TERMINATION. In the event this Agreement or any Work Order is terminated or canceled prior to final completion payment for the unpaid portion of the services provided by the Contractor to the date of termination and any additional services shall be paid to the Contractor. SECTION 28: ACTION FOLLOWING TERMINATION. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all services, unless the notice provides otherwise. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 18 SECTION 29: SUSPENSION. (a). The performance or provision of the Contractor services under any Work Order under this Agreement may be suspended by the City at any time. (b). In the event the City suspends the performance or provision of the Contractor's services hereunder, the City shall so notify the Contractor in writing. Such suspension becoming effective upon the date stated in the notice. The City shall payto the Contractor within thirty (30) days all compensation which has become due to and payable to the Contractor to the effective date of such suspension. The City shall thereafter have no further obligation for payment to the Contractor for the suspended provision of services unless and until the City's designated representative notifies the Contractor in writing that the provision of the services of the Contractor called for hereunder are to be resumed by the Contractor. (c). Upon receipt of written notice from the City that the Contractor's provision of services hereunder are to be resumed, the Contractor shall continue to provide the services to the City. SECTION 30: ALTERNATIVE DISPUTE RESOLUTION (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal remedies. (b) The Contractor agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the City in alternative dispute resolution procedures or which the Contractor had knowledge and failed to present during the City procedures. (c). In the event that City procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. SECTION 31: SEVERABILITY /CONSTRUCTION. (a). If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 19 (b). All provisions of this Agreement shall be read and applied in pari materia with all other provisions hereof. (c). Violation of this Agreement by the Contractor is recognized by the parties to constitute irreparable harm to the City. (d). The use of the term "Work Order" shall also mean "Purchase Order" in this Agreement when appropriate in the context and, likewise, the terms "work" or. "services" shall include the provision of goods in the appropriate context. SECTION 32: CONTROLLING LAWSNENUElINTERPRETATION. (a). This Agreement shall be governed by the laws of the State of Florida. (b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (c). This Agreement is the result of bona fide arms length negotiations between the City and the Contractor and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. SECTION 33: INDEMNITY. (a). To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless, and defend the City, its agents, servants, officers, officials, and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorneys fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Contractor, its agents, servants, officers, officials, employees, or subcontractors. The City does not waive its right to assert consquential damages against the Contractor. (b). In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the Contractor for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. (c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. (d). In claims against any person or entity indemnified under this Section by an employee of the Contractor or its agents or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 20 damages, compensation, or benefits payable by or for the Contractor or its agents or subcontractors, under workers compensation acts, disability benefits acts, or other employee benefit acts. (e). The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the indemnification provision in this Agreement; provided, however, that the Contractor shall also comply with the provisions of this Agreement relating to insurance coverages. SECTION 34: INSURANCE. (a). The Contractor shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the City: (1). Workers Compensation /Employer Liability: The Contractor shall provide Worker Compensation insurance for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. Employers' Liability Insurance shall be provided with limits not less than the following: $100,000 Each Accident $100,000 Disease Each Employee $500,000 Disease Aggregate (2). Comprehensive General Liability: The Contractor shall provide coverage for all operations including, but not limited to, contractual, independent Contractor, products and complete operations and personal injury with limits not less than the following: $1,000,000 Bodily Injury & Property Damage - each occurrence $1 Personal & Advertising Injury - each occurrence $2,000,000 General Aggregate $2,000,000 Products /Completed Operations Aggregates limit $ 5,000 Medical Payments $ 100,000 Fire Damage Legal Liability (3). Comprehensive Business Automobile Liability: The Contractor shall provide complete coverage with a combined single limit of not less than $1,000,000 Bodily Injury and Property Damage in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non - owned, leased or hired vehicles. (4). Professional Liability: The Contractor shall provide professional liability insurance as well as errors and omission insurance in a minimum amount of $1,000,000 CSL or its equivalent, with a combined single limit of not less than $1,000,000, protecting the Contractor against claims of the City for negligence, errors, mistakes, or omissions in the performance of services to be performed and furnished by the Contractor. Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 21 (5) Other Required Insurance Coverage: Where unusual operations are necessary to complete the work, such as Longshoremen and Harbor Workers' Exposures, use of aircraft or watercraft, use of explosives, and any high risk circumstances. No aircraft, watercraft or explosives shall be used without the express advance written approval of the City which may, thereupon, required additional insurance coverages. (b). All insurance other than Workers Compensation and Professional Liability that must be maintained by the Contractor shall specifically include the City as an additional insured. All insurance minimum coverages extend to any subcontractor, and the Contractor shall be responsible for all subcontractors. The Contractor shall ensure that the City is named as an insured party in each pertinent insurance policy. (c). The Contractor shall provide Certificates of Insurance to the City evidencing that all such insurance is in effect prior to the issuance of the first Work Order under this Agreement. These Certificates of Insurance shall become part of this Agreement. Neither approval by the City nor failure to disapprove the insurance furnished by a Contractor shall relieve the Contractor of the Contractor's full responsibility for performance of any obligation including the Contractor's indemnification of the City under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the Contractor shall, as soon as the Contractor has knowledge of any such circumstance, immediately notify the City and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the Contractor has replaced the unacceptable insurer with an insurer acceptable to the City, the Contractor shall be deemed to be in default of this Agreement.. (d). The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty days prior notice will be given to the City by submission of a new Certificate of Insurance and appropriate policy modification. (e). The Contractor shall provide Certificate of Insurance directly to the City's designated representative. The certificates shall clearly indicate that the Contractor has obtained insurance of the type, amount, and classification required by this Agreement. (f). Nothing in this Agreement or any action relating to this Agreement shall be construed as the City waiver of sovereign immunity beyond the limits set forth in.Section 768.28, Florida Statutes. (g). The City shall not be obligated or liable under the terms of this Agreement to any party other than the Contractor. There are no third party beneficiaries to this Agreement. Odyssey Manufacturing Co. Palm Coast Piggyback Agreement 22 (h). The Contractor is an independent Contractor and not an agent, representative, or employee of the City. The City shall have no liability except as specifically provided in this Agreement. (i). All insurance shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. The provision of insurance coverage shall not in any way cause the Contractor's indemnification of the City to be reduced in any way or in any respect. SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT /NON - DISCRIMINATION. The Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The Contractor, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. SECTION 36: ACCESS TO RECORDSIAUDITIPUBLIC RECORDS. (a). The Contractor shall maintain books, records, documents, time and costs accounts, and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b). The Contractor shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance services under this Agreement and date of final payment for said services, or date of termination of this Agreement. (c). The City reserves the right to unilaterally terminate this Agreement if the Contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 999, Florida Statutes, and other applicable law, and made or received by the Contractor in conjunction, in any way, with this Agreement. (d). The City may perform, or cause to have performed, an audit of the records of the Contractor before or after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Contractor and the City subsequent to the close of the final fiscal period in which services are provided or performed. Total compensation to the Contractor may be determined Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 23 subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Contractor. Conduct of this audit shall not delay final payment as required by this Section. (e). In addition to the above, if Federal, State, County, or other entity funds are used for any services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representative, shall have access to any books, documents, papers, arid records of the Contractor which are directly pertinent to services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (f). In the event of any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, the Contractor shall refund such overpayment to the City within thirty (30) days of notice by the City of the request for the refund. (g). The Contractor agrees to fully comply with all State laws relating to public records. (h). The Contractor agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. SECTION 37: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SECTION 38: SUBMITTALS. This Agreement describes each item that must be provided by the Contractor to the City. All documents provided to the City by the Contractor must be accurate and .updated certifying that the Contractor is proceeding correctly. SECTION 39: EXHIBITS. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature with the City acting through its City Commission and the Contractor signing by and through its duly authorized corporate officer having the full and complete authority to execute same. ATTEST: ODYSSEY MANUFACTURING Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 24 COMPANY Authorized C rporate ing Corporate Officer B ,/I A jl� Authorized Corporate Officer Date ATTE'ST. Onet Dougherty, City Jerk For use and reliance of the Sanford City Commission only. Approvpgl as to form anti legality. City Attorney " A r'j rt/f' 6rLoo 1 CITY OF SANFORD Linda Kuh rMayor Date Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 25 CITY OF SANFORD EXHIBIT B PROJECT STATUS REPORT Project Name: Project Manager: Status Report Period; From: To: Phase: Planning ❑ Design ❑ Bidding ❑ Construction ❑ 9. In paragraph form, list the current status of the project and work completed this Billing Period. 2. In paragraph form, list all milestones reached this Billing Period 3. In paragraph form, list any pending issues or items of note. Project Manager Signature: Date: Odyssey Manufacturing Co. — Palm Coast Piggyback Agreement 26 Exh•i 6i-� A ODYSSEY MANUFACTURING CO. September 22, 2009 Mr. James Hogan WT fterintendent City of Palm Coast 2 Utility Drive Palm Coast, FL 32137 Ref S ODWM R WOCMI 01UITV, ST.B.'pLy 1tUNUlYAL FOR FY 2009 Dear Jim, As a follow -up to previous phone conversation earlier today, our contract dated 1215/08 with the City of palm Coast for sodium Ilypochlorite supply axplres September 30, 2009. Section "2" of the contract allows for two additional Ono (1) year renewals. Odyssey hereby agrees to rene the contract for an additional one year term effective October 1,•2(109 at the same price of $395 per gallon through September 30, 2010. All terms and conditions would remain the some in the renewal, Several key points about Odyssey ana its offer to supply ofsodium hypoehlorite (a,k.a, • Sodium hypochlorite is the only product that you purchase that has a very short shelf life. The shelf life is greatly impacted by the quality of the sodiuin. hypoeldorlte. One could cosily feed twice as mueh product with poorer quality bleach and a 10 savings in unit cost could be overshadowed by it 50% increase in usage. It usually takes about four to five deliveries to i°flush our all the impurities found in* competitor's sodium hypochlorite before you begin to see the dramatic usage savings. The City of Port Orange WTF (Steve MMer 386 - 756 -5380) and thu City of Edgewater WTP (Bob PollIA 386.424.2490) both switched to Odyssey M nufacturing Co. in VY 2009 and saved over 35% each in actual usage when adjusted for water praductlon. 'This is tremendous savings! • Sodium hypoehiorite is the only product that decomposes by "off-gassing High quality sodium hypochlorite will not off -gas which leads to vapor locking of the chemical feed equipiaent> A high quality sodium hypochlorite will not lockup chemical feed equipment because of sludge. Many water and wastewater treatment plants had some of these problems with other sodium hypochlorite manufacturers prior to using Odysseys • Odyssey offers un- paralleled service and quality compared to its peers based on the following: (1) Your own experience with Odyssey and other suppliers; (2) 96% market share of WT and WWT market In peninsular Florida and 96% of power plant business; (3) Odyssey's unique manufaoturing process (eampare to other suppliers); and (4) Odyssey's tight specifications (compare to other suppliers). • Odysseyprovides unlimited technical support as demonstrated by the support we have provided the water.and wastewater treatment industry the past ten years with regard to that we have provided to you. • Wo gave *the lowest bromate levels in the entire United States and are the only sodium hypochlorite manufacturer who has been certified as a Low Bromaw Supplier. As you Iwow, bxonnate Is an EPA regulated carcinogen in drinking water. Odyssey Manufacturing Co. represents the newest trend In the water treatment business Chloraikali bleach suporplants as a disiufection alternative. Odyssey Manufacturing Is a new venture that manufactures built sodium hypochlorite utilizing a ICvaerner Chometles ohlor- alkali plant integrated with a Powell Continuous Bleaoh Plant. Wo fcous primarily on Industrial (e.g., power plants), municipal and private water and wastewater treatment and our Tampa manufacturing facilitylies been operational since March of 2000. Our business was created primarily to serve many the Customers who are switching from chlorine gas to bulk soditun hypoehlorite and need a competitively priced, reliable, high quality supply of sodium. hypochlorite. .. As the only abler - alkali manufacturing facility in Florida, we can offer a unique combination of high quality combined with a very compatitive cost structure. We make our raw materials (chlorine and caustic) on -site out of purified salt and demineralized water utilizing a membrane cell electrolysis process. Not only does tills process result in high quality bleach, but also makes our product cost very compel Rve as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by ralioar, We are the chlorI �Into'the State of Florida, 'Chlorine shipments have boon suspended three times since the September I I" terrorist attacks in 2001, eight times the past three summers because ofhuiTicanes, terrorist threats, railcar accidents and raw materials shortages. Thank you for your consideration, We appreciate your busl3iess over the past eight years, We look forward to the opportunity to continue to serve your sodium hypochlorite needs in the future. Please do not hesitate to coutactnie at (813) ODYSSEY or cellular (813) 335 - 3444 if I can be of further assistance. Sincerely,��p`� 8 olC H. Allman Cleneral Manager R cN",ral AoceptedL for the City of PRIM Coast: 'gnature itle Purchasing & Contract Management Division December 17, 2008 Mr. Patrick Allman General Manager Odyssey Manufacturing Company 1484 Massaro Boulevard Tampa, Florida 33619 Dear Mr. Allman: Attached please find the fully executed Price Agreement between your company and the City of Palm Coast for the purchase of sodium hypochlorite which was approved by the Palm Coast City Council at their meeting held on October 7, 2008. The term of the Agreement is for approximately one year with two additional one year renewals subject to mutual agreement by both parties. Also enclosed for your records is the purchase order for the remainder of this fiscal year. If you should have any questions, please don't hesitate to contact me. Sincerely, Dianne Torino Contracts Administrator DT:dt Encl. 2 CGN&MMSBOULBVARD • PALM COAST, FLORIDA 0 32164 • PHONE 386 986.3730 • FAX 386 986-3724 ODYSSEY MANUFACTURING COMPANY/ CITY OF PALM COAST PRICE AGREEMENT FOR SODIUM HYPOCHLORITE THIS AGREEMENT made and entered Into the rA day of -e "Iker 2001, between Odyssey Manufacturing Company whose address Is 9484 Massaro Boulevard, Tampa, Florida 33699, hereinafter referred to as "CONTRACTOR" and the City of Palm Coast, a municipal corporation of the State of Florida, whose address is 2 Commerce Boulevard, Palm Coast, Florida 32164, hereinafter referred to as the "CITY." WfTNESSETH: WHEREAS, the CITY desires to procure goods from a competent and qualified CONTRACTOR providing sodium hypochlorite (bleach) for the CITY, and WHEREAS, the CITY has joined the Daytona Beach Cooperative forthe purchasing of said goods to be provided to the CITY; and WHEREAS, the CONTRACTOR Is competent and qualified to provide the desired goods to the CITY at the prices established according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the CITY and the CONTRACTOR agree as follows: SECTION 9. SERVICES. The CITY does hereby retain the CONTRACTOR to furnish sodium hypochlorite as further described In Exhibit "A" hereto which is made a part hereof. Required amounts shall be specifically enumerated, described and depicted In the purchase orders authorizing delivery of goods. This Agreement standing alone does not authorize delivery of goods or require the CITY to place any orders for work. SECTION 2. TERM. The initial term of the Agreement is for one (9) year expiring on September 30, 2009 with an option for two additional one (9) year renewals subject to mutual agreement by both parties. Expiration of the term of this Agreement shall have no effect upon purchase orders Issued pursuant to this Agreement and prior Page 1 of 17 to the expiration date. Obligations entered therein by both parties shall remain in effect until delivery and acceptance of the goods authorized by the purchase order as well as periods of warranty and guarantee. SECTION 3. AUTHORIZATION FOR SERVICES. Authorization for delivery of goods to the CITY under this Agreement shall be in the form of written purchase orders Issued and executed by the CITY and signed by the CONTRACTOR. Each purchase order shall describe the goods rewired and shall state the date or dates for delivery and establish the amount and method of payment. The purchase orders will be Issued under and shall incorporate the terms of this Agreement regardless of their text. The CITY makes no covenant .or promise as to the number of purchase orders nor that, the CONTRACTOR will be engaged for any purchase order with the CITY durl6g the life of this Agreement. The CITY reserves the right to contract with other parties for the goods contemplated by this Agreement when It is determined by the CITY to be In the best Interest of the CITY to do so. SECTION 4. TIME FOR DELIVERY, The goods to be provided by the CONTRACTOR to the CITY shall be delivered, as specified In each purchase order as may be issued hereunder. SECTION 6. COMPENSATION. The CITY agrees to compensate the CONTRACTOR for the goods called for under this Agreement as set forth In the pricing table attached as Exhibit "A." SECTION 6. PAYMENT AND BILLING. (a) The CONTRACTOR shall supply all goods required by each purchase order, but, In no event, shall the CONTRACTOR be paid more than the compensation amount stated within each purchase order consistent with the provisions of Exhibit "A." (b) The CONTRACTOR shall Invoice the CITY the amount due based on the goods provided under the purchase order; but, In no event, shall the Invoice amount exceed the amount of goods actually provided. (c) Payments shall be made by the CITY to the CONTRACTOR not more than once monthly. Each purchase order shall be Invoiced separately. The CONTRACTOR Page 2 of 17 shall render to CITY, at the close of each calendar month, an itemized invoice properly dated, describing any goods provided, the cost of the goods, the name and address of the CONTRACTOR, the purchase order number, contract number (if applicable) and all other Information required by this Agreement. The original invoice shall be sent to: Jim Hogan Utility Department City of Palm Coast 2 Utility Drive Palm Coast, Florida 32137 (d) Payment shall be made after review and approval by CITY within thirty (30) days of receipt of a proper invoice from the CONTRACTOR. SECTION 7. GENERAL TERMS OF PAYMENT AND BILLING. (a) Upon satisfactory delivery of the goods required hereunder and, upon acceptance of the goods by the CITY, the CONTRACTOR may Invoice the CITY for the amount of compensation provided for under the terms of this Agreement herein less any amount already paid by the CITY. The CITY shall pay the CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) The CITY may perform or have performed an audit of the records of the CONTRACTOR after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period In which the last goods were provided. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in subsection (b) of this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as provided by subsection (a) of this Section. Page 3 of 17 ' � t (c) The CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to goods provided under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at the CONTRACTOR's office at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the contract for audit or Inspection as provided for In subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment, but within the period provided In subsection (c) of this Section reveals any overpayment by the CITY under the terms of this Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY. SECTION 8. RESPONSIBILITIES OF THE CONTRACTOR. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods required shall be construed to operate as a waiver of any rights under this Agreement nor of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and always remain liable to the CITY In accordance with applicable law for any and all damages to the CITY caused by the CONTRACTOR's negligent or wrongful provision of goods furnished under this Agreement. SECTION 9. TERMINATION. (a) The CITY may, by written notice to the CONTRACTOR terminate this Agreement or any purchase order Issued hereunder, In whole or in part, at any time, either for the CITY's convenience or beoause the failure of the CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, the CONTRACTOR shall immediately discontinue delivery of all goods affected unless the notice directs otherwise. (b) If the termination Is for the convenience of the CITY, the CONTRACTOR shall be paid compensation for goods delivered to the date of termination. (c) If the termination Is due to the failure of the CONTRACTOR to fulfill Its Agreement obligations the CITY may procure the goods by other agreements or otherwise. In such case, the CONTRACTOR shall be liable to the CITY for all reasonable additional costs occasioned to the CITY thereby. The CONTRACTOR shall not be liable for such Page 4 of 17 additional costs if the failure to perform the Agreement arises without any fault or negligence of the CONTRACTOR; provided, however, that the CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of the CITY in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or negligence of the CONTRACTOR. (d) if, after notice of termination for failure to fulfill Its Agreement obligations, It Is determined that the CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of the CITY. In such event,. adjustment In the Agreement price shall be made as provided In subsection (b) of this Section. (e) The rights and remedies of the CITY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. SECTION 10. AGREEMENT AND PURCHASE ORDER IN CONFLICT. Whenever the terms of this Agremeent conflict with any purchase order issued pursuant to It, the Agreement shall prevail. SECTION 11. EQUAL OPPORTUNITY EMPLOYMENT. The CONTRACTOR agrees that It will not discriminate against any employee or applicant for employement for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disability, or national origin. This provision shall Include, but not be limited to, the following: employment, upgrading, demotion ortransfer; recr ultment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SECTION 12. NO CONTINGENT FEES. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee Page 6 of 17 working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation Individual or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate this Agreement at its sole discretion, without liabiity and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION 13. CONFLICT OF INTEREST. (a) The CONTRACTOR agrees that It will not contract for or accept employment for the performance of any work or service with any Individual, business, corporation or government unit that would create a conflict of Interest in the performance of its obligations pursuant to this Agreement with the CITY. (b) The CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any CITY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONTRACTOR. causes or in any way promotes or encourages a CITY officer, employee, or agent to violate Chapter 912, Florida Statutes, the CITY shall have the right to terminate this Agreement. SECTION 14. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred,, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party and In such cases only by a document of equal dignity herewith. SECTION 15. SUBCONTRACTORS. In the event that the CONTRACTOR, during the course of this Agreement, requires the services of any subcontractors or other professional associates In connection with providing the goods covered by this Agreement, the CONTRACTOR must first secure the prior express written approval of the CITY. If subcontractors or other professional associates are required In connection with the goods covered by this Agreement, the CONTRACTOR shall remain fully responsible for the Page 6 of 17 performance of subcontractors or other professional associates. SECTION 16. INDEMNIFICATION OF CITY. (a) CONTRACTOR shall indemnify, hold harmless, and defend the CITY, from and against any and'all clalms, damages, losses, and expenses including, but not limited to, attorney's fees, arising out of or resulting from the performance or provision for services required under this Agreement, Including damage to persons or property, provided that same Is caused in whole or part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of CONTRACTOR, its agents, servants, officers, officials, employees, or subcontractors. (b) Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statues. (c) In claims against any person or entity indemnified under this Section by an employee of the CONTRACTOR or its agents or subcontractors, anyone directly or Indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or Its agents or subcontractors, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. (d) The execution of this Contract by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision in this Agreement, however, the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverages. SECTION 17. INSURANCE. (a) GENERAL The CONTRACTOR shall at the CONTRACTOR's own cost, procure the Insurance required under this Section. Page 7 of 17 (1) Prior to commencement of work pursuant to this Agreement, the CONTRACTOR shall furnish the CITY with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Workers' Compensation /Employer's Liability, Commerclaf General Liability, and Business Auto), The CITY, Its officials, officers, .and employees shall be named additional Insured under the Commercial General Liability policy, The Certificate of Insurance shall provide that the CITY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the Insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the CITY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it Is being provided in accordance with the Agreement and that the insurance Is in full compliance with the requirements of the Agreement. In lieu of the statement on me L;etrnricate, ine CONTRACTOR shall, at the option of the CITY submit a sworn, notarized statement from an authorzed representative of the insurer that the Certificate Is being provided in accordance with the Agreement and that the Insurance is In full compliance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, If required by the CITY, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the CITY with a certified copy of each of the policies of Insurance providing the coverage required by this Section. (4) Neither approval by tine CITY nor failure to disapprove the Insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsllbllity for performance . of any obligation including CONTRACTOR Indemnification of CITY under this Agreement. (b) INSURANCE COMPANY REQUIREMENTS Insurance companies providing the Insurance under this Agreement must meet the following requirements: Page 8 of 17 (1) Companies issuing policies other than Workers' Compensation, must be authorized to conduct business In the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be Issued • by companies authorized as a group self - Insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "Vii" or better according to A.M. Best Company. (3) If, during the period which an insurance company Is providing the insurance coverage required by this Agreement, an Insurance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Section 440,57, Florida Statutes, or 3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, Immediately notify the CITY and Immediately replace the insurance coverage provided by the insurance company with a different Insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to the CITY the CONTRACTOR shall be deemed to be In default of this Agreement, (c) SPECIFICATIONS Without limiting any of the other obligations or liability of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR's sole expense, procure, maintain and keep In force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by the CONTRACTOR and shall be maintained in force until the Agreement completion date. The amounts and types of Insurance shall conform to the following minimum requirements: Page 9 of V (1) Workers' Compensation /Emplover's Liability (A) The CONTRACTOR's Insurance shall cover the CONTRACTOR for liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The CONTRACTOR will also be responsible for procuring proper proof of coverage from Its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both the CONTRACTOR and its subcontractors Is outlined In subsection (c) below. In addition to coverage from the Florida Workers' Compensation Act, where appropriate, coverage is to be Included for the Federal Employers' Liability Act and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found In the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability. Imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily Insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $500,000.00 (Each Accident) $500,000.00. (Disease- Policy Limit) $600,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) The CONTRACTOR's Insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (180 Form CO 00 01), as filed for use In the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. Page 10 of 17 Agreement shall be addressed. The designated representative shall have the authority to transmit Instructions, receive Information and interpret and define the CITY's policy and decisions pertinent to the goods covered by this Agreement. (b) The CONTRACTOR shall; at all times during'the normal work week, designate or appoint one (1) or more representatives of the CONTRACTOR who are authorized to act on'behalf of and bind the CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the CITY continually and effectively advised of such designation. SECTION 20. ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and * Includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to In this document. Accordingly, It is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 21. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 22. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained Is Intended or should be construed as In any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including its officers; employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CITY is to be and shall remain forever an independent contractorwith respect to all services performed underthis Agreement. SECTION 23. EMPLOYEE STATUS. Persons employed by the CONTRACTOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other Page 13 of 17 { employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. SECTION 24. GOODS NOT PROVIDED FOR. No claim for goods furnished bythe CITY not specifically provided for herein or not ordered by the CITY shall be honored by the CITY. SECTION 26. PUBLIC RECORDS LAW. CONTRACTOR acknowledges CITY's obligations under Article I, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, to release public records to members of the public upon request. The CONTRACTOR acknowledges that the CITY is required to comply with Article I, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, In the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 26. COMPLIANCE WITH LAWS AND REGULATIONS. in providing all goods pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such goods, Including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the CITY #o terminate this Agreement Immediately upon delivery of written notice of termination to the CONTRACTOR. SECTION 27. NOTICES. Whenever either party desires to give notice unto the other, It must be given by written notice, sent by registered or certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until It shall have been changed by written notice In compliance with the provisions of this Section, For the present, the parties designate the following as the respective places for giving of notice, to- wit: FOR CITY: The City Manager City of Palm Coast 2 Commerce Boulevard Palm Coast, Florida 32164 Page 14 of 17 FOR CONTRACTOR: Patrick Allman General Manager 1484 Massaro Boulevard Tampa, Florida 33819 (813) 835 -0339 SECTION 28. RIGHTS AT LAW RETAINED. The rights and remedies of the CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by the CITY. ATTEST. ODYSSEY MANUFACTURIN COMPANY ut on ed Z &p_&ffe Off: er Authorized Corporate Officer Date: 1 1.1 ATTEST' ft f6 M, Haeril, City Cleric Date:- Approved by (Init It !ut 108 Date: 1 1 , U a CITY OF PALM COAST By: JI ndon, City Manager Date: ials and date): Responsible Department Director City Finance City Attorney Purchasing & Contract Management Division Page 15 of 17 i • Enclosurpp (1) and (2) Is required submittals as outl in the RFP • $nctosure (3) Is tho NSF-60 certification for odyssey Ultrachior so ium hypochlorite ! • Enclosure (h) is the third party laboratory resuIts for Odyssey Ultra nlor sodium hypoehlorite as manufactured by Odyssey Manufacturing at its Tainpa fhollity • Pasco (c;nty currently uses Odyssey Manufacturing bo. and can pull samples at any of its i water treatment or wastewater treatnnent plants to ascertain the quality of its sodium hypochlorite. + Enclosure (5) Is a list of is Attached to aid In tho Proposal Evaluation + TechnIcal and 13ugineoring Support and also emergency points of contact would be our Patrick H. Allman, 0eneral Manager (cellular 813-33 5.3444) who has a B.S. in Nuclear Englueering 1983 from the University of Virginia, Marvin Rakes, President (813340 -3675) who has a B.S. in Chemical Engineering 1985 from the Univerpity of North Carolina State or 'the on -duty Plant Supervis0r.(800- 01DYISSM. Al! technical and engineering assistance would be.{provlded at no charge. • Wo )vii! to no subcontractors or affiliates In the performance of any work under this propopal. , • Odyssey Manufaoturing has no "Safety Incidents" as defined in your Solicitation in the past five years for tiny chemical that it sells. This i In sharp contrast to other chemioal suppliers. Pleaso.do a website search or call our reference list to ascertain not only our record but those of other huppllers. • Odyssey Manufacturing has no "Terminations" as defined in your Solicitation in the past five yearsfor any chemical ihat It sells. This Is in sharp contrast to other chemical suppliers. Please do a wobsito search or call our reference list to ascertain not only our record but those. of other• suppliers. + = (6) is a copy of Odyssey's OSHA 300A/300 Logs for the past three years e (7) Is a Material Safety Data Sheet (A48DS) • Comphay Brochure Is Attached (sec enclosure (8)) }• Comp Process Flow Chart is Attached demonstrating the superiority of Odyssey s manufacturing process with regard to quality and reliability (see enclosure (9)) OdyssGy)tw no fuzes, regulatory actions or consent orders with regard to Its operations. Please do a website search or call our referencos. This is in sharp contrast to other Suppliers. + Odyssoy"takes no exceptions to the RFP solicltation + Odys ;ey "takes Co. Is a Drug Free Workplace and has an active program in to randoinllytest Its employees Over the past five years, Odyssey Manufacturing Co. has provided superior service to the water and wastewater treatirnent Industry in ;Florida €nnoluding never missing a 601tvery, providing emergency support on sevgrd. occasions and providing it significant amount of technical assistance Including nurmraus erl{ripiiserit repah� acrd rlsllverles. As you know, we are the only chemical maaufacturer%dlstributor that Is open for manufacturing and deliveries 24 hours per day and 7 days per week (including holidays) and can be reached @804- ODYSSEY or facsimile (8 13) 630 -2589. Additionally, Qdyssey Manufacturing also agrees to provide unlimited technical assistance to the Pasco Courvo i4s{st it -tylth its operations at no charge as part of the sodlum hypochlorite supply. Su6h assistancd Includes, but is not limited to, operator training sessions, startup services, site Inspections on behalf of the owner, drawing review, engineering and design. Odyssey has porformed over five hundred chemical system installations in the State of Flor €da and assisted with numerous others. This-is more than five hundred more than any other chemical supplier and also more than all of the engine6rs and contractors in the State of Florida combined, 0 w. ' Odyssey Manufaoturing Co. represents the nowost tread inthewater treatment business — Chloralkali bleaoh superplints as a disinfection alternative, Odyssey Manufacturing is a new venture that manufaowws bulk sodium hypoohlorite utilizing akvaerner Chometios chlor•alkall plant Integrated with a Powell Contlnuous $Ieach plant, We are focused primarily on municipal and private water and wastswater hoatment along with industrial customers. As you know, this business was created primarily to serve many the Customers who are switching from chlorine gas to bulk sodium hypochlorite and need a competitively priced, reliable, high quality supply of sodium hypoehioritc, As the only chips- alkali manufaowring facility in Florida, we can offer a unique eombinatton of high quality combined with a very competitive cost structure. She make our taw materials (chlorine and caustic) on -sito out of purified salt and demineralized waterutilizing a membrane cell electrolysis process. Not gnly does this process result in a higw quality bleach, but also makes our product cost very competitive as we do not have to pay outof state third parties to make the raw materials for us and have them $hipped down by ralloar. As you know, railcar shipmentsto Florida have been suspended on ten. occasions over the past couple of years for up to four days due to terrorist threats and hurrioanes. Thus, we are able to offer fixed prioing which Is a major benefit to our customers as they consider Biternative disinfectant systems, Additionally, this provides us a significantly higher levetof reliability-than any other Florida sodium hypoehlazite manufacturer as we, are not dependent n t�llo I me fc l rine into rid odysrsey combines great service with the best quality bleach In Florida, Our sodium hypoohlorite is a high strength product (12.5 Trade Percent Available Chlorine) with superior ratio control and without all the impurities #hat most bleach contains, What this means to you the Customer is. • • . Low or xato metal con t aminants resulting in signifioantly.slowcr Product degradation leading to a Oran cost savinirs due to reduced sodhtnt hvnochlorite eonsumntion • bower Maintenance Costs caused by pluggages and wear because of impurities in the bleach • improved Dunking and Effluent Water Quality •.onger Warranties from your equipment suppliers Superior control of excoss alkalinity of Produot resulting in less overall chemical additional require €neq�sand more stable chemical feed rates • Less oxyge' g1ormation during storage and handling (o.g,, which form bubbles In tank and lines) resulting in reduced downtime and more aoeurate CI feed rates • Lower levels of sodium chlorate formation resulting in improved water quality and reduced health concerns Signifloantiy lower levels ofbromate formation resulting In reduced public health concerns • : 'Lower suspended solids resulting In improved water quality and less feeder maintenance • Minimal insgluble buildup on the inside of pipes and feeders resulting In better operations of the Customer's system Lastly, we have Raver walked away from any chemical supply contracts over the past five years. This . is in sharp contrast to other chemical suppliers who have walked away from numerous contracts this past year as ehemicai prices have gone through the roofs Pieria call oti4u' stomers to compare Odyssey Ultmohlor with other supplietsl Because of its short shelf life, buying u superior quality sodium hypochlorite will result In significant savings. We have examined your.specifications and can comply with all the requirements. Additionally, we, hereby provide writtep assurance of complianca with OSl-TA, BPA, NSF, and AWWA regulations and consent to provide samples to pasco County for testing Ifrequested, We also agree to provide a safe handling tfaltil g course and "refresher courses" for L11 of your chemicals for the duration of the contract, Vee,'ave never failed to or refused to make a chemical delivery for any product we have • YI MIYI . V..v....V i..V • ,i4V u. uV VJ +vu v1 ' t C ITY OFAI�ML' * t3SACli WASTE PLAN1660 NS2 91 dRCHARO STRE S() T OTES MORE OR LEss UP TO 38 TOTFs POLYMER FOR pEWAnRING 49,000 GALL ONS (AORE OR LEW UP TO 79,000 JALLONS LIQUID ALUMINUM SULFATE 5.�.- ---- -- 27,000 GALLONSVORE OR LESS UP TO 6s,000 GALLONS LIQUID SODIUM SISULFITE 210,000 GALLONS MORE OR L988 OF UP TO 280,000 GALLONS LIQUID SODIUM HYPOCHLORITP- 4,800 POUNDS MORE OR LESS UP TO 8,400 POUNDS OAWIUM HYPOCHLORI'(9 $._-- _ ---- -- �owr ` r MS ARE o BE UOTE0 F,a.B. DELI I.0 EOINTOF Ship LY H I.L. I ?LOF2IDA WATERNYASTEWATERTFEIA' - AS$ LFGA 99 EVAR i TON CYLIND9RS :.- 60 TONS MORE OR. S LESS OF LIQUID 460 TONS-MORB O.R LESS BULK QUICKLIME , ; S„ 28 TONS MORE t 'R LESS LIQUID SULFUR DIOXWS IN 7 Tqj CYLINO5116 34'roNs MORE OR LEss LIQUID CARBON DIOXIDS (14,000 TAA 135 TONS, MORO OR LESS LIQUID ALumfNUM SULFATE THE FO L ITEMS ARE O Br~ UOTED P.O.B. ns: LfVERSII T8 atNT f5F tiSE, EDGBWA T ER. FLOR Q _ WATERIWAS'fEWA `t'REAi'ME� T 3316 8TAT E ROAD 44Z 900.1,400 TONS MORE OR LESS BULK QUICKLIi E ; 160 -30,0 TONS 41QVID CARBON DIOXIDE (28,Q009 Tank) 6 - -- -- -- E IrL1LLflWrt3 ' S AEtE'i'O BE U 0 F.G.B. ELIVER 0 0 P ug Ca S FLORID Liss HIGH CAS UM QUICKLIME REVISED , .VV, ---t& v S f S 225,400 a� NU- S N!k S`YOP.X sTA'THMZNT PUP _ �rI,OR1 )A S'l'ATUfiSS. rAUST B ORl' IC AL AUTHORIZED TO ADIKIN ISTEA OOAT861 ►NT TO SECTION 287.133(3)(4 PUBLIC ENTITY CRIME& PktZ5F,NCE OF A NOTARY PUBLIC OR OTHER 1. This ivrom itAtement is submitted to The CitV Of by aJ. !IM for ja an acirffing Company (print Hama o ant ty su mE ng sworn statement] whoso business address (s 1484 Haosaro Blvd. Tam a F1 33 1 and ( Efapplieable) flspederalEmptoyarldenfl9catlonNumbar (FE"is 65—Q846345 (IM* entity has no 01-gr include the social Security Number of tho individual signing ails sworn statement; 2, I understand 1h8ta "public entity crime" as defined In Paragraph 287.133(i)(g), )?iorida Seatutes. means a violation otany state or federal law by a MEW with rel ppe�aa t to and directly related to the transaction of business with any publlo entity'ot with an agenoy or politloal subdlvlsio€r of any other state or of the Unity Stales, Itrcittding, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision *of any other state of of the United tastes and Involving antltmst, fraud, thelft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3, I understand that "couvloted" or "convlotloo as defined in paragraph 287.133(1)(b}, torld S , c means P finding of guilt or a conviction of a public entity crime, with or without an adjudication of gut(t, in any f oderal ar state trial court of record rolating to charges broughfby Indictment or Information after July 1. 1989, as a result of a jury verdict, nonjgrl trial, orenuy of a plea of guntyor nolo contendara. means q. I understand f sat an °a€fi(iate" as defined.in Paragraph 267.133(lxa), Florida S`tatutra 1. A predecessor 8r succauor of a Person convioted afa ps active motor 2, An entity trhdcr the control of any natural person who is active in the management of the entity and who has boars convicted oft publto entity orttna, The term "affiliate" Inoiudos those officers, directors, exocutives, partners, shgroholders,:employees, members, and agents whotare active in the management of an ami(ate, The ownership by obi person of shares constituting a controlling intiroat In another person, or a pooling of equipment or Inconte among persons'vriten not for fair market value undov an arm's length agreement, shall be a prima facia case that one pe�aon controls another parson. A person who kn*ngty enters Into a Joint venture with a parson who has Bean convicted ofa ptrTillta entity crime In Florida during the greoading 36 months %hall be considorod an affiliate. 5. I understand that a "parson" as defined In Paragraph 287.133(l)(e), L'Wda statutes. means any natural person or entity organized .under the laws of any state or of the United States with the legal Power to enter Into a binding contract and which bids or applies to bid on contmc(s for tho provision afgoods or sorvlcaa lat by a public entity, or tam officers, directors oxecutives artners pare ol emp oyeps, m mb rs, avid agents r who art tu activa o in management of an entity. ' f• b, 33ased Information and belief, nth which statement p I have pftea.] mar ked flow 9s true in relation to the entity submitting this sworn statement. [ 2L Napier the entity submildng'this swort! a tetmnt; nor any of its offloers, directors, executives, partners, entity has boon h and co of a public entity c t July 1989 n or any tcfflliate of the no entity submitting this sworn statement, or one or more of its o111cors, directors, executives, partners, shareholders, omployeos, members, or agents who are active , in the management of the entity, or an affiliate of the entity has beon charged with and convicted of a public entity crime subsequent to July 1, 1989 no entity submitting this sworn statement, or one or more of Its afYicors, directors, executives, portuats, shareholders, einployom, membrs, or agents who era active In the management of the entity, or on Imitate of the entity has been ehargcd with and convicted of a public ondty crime subsequent to July It 1989. However, there has been subsequent proceeding before a Hearing 0111oer ofthe State of Fforlda, Division of Administraadve HOTIngs and the Final Order submitting this mYOM staiem n the on a cor icted vendor f st� f that it was not In th ttaob o copy of the ti i na1 rder] est to place the entity I UNDERSTAND THAT TUB SUBMISSION OF 'HIS FORM TO THE CONTRAC.RING ORIriCER ONLY F LY ANNDD, , PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONZ) ABOYE IS F0 THAT f?IBL B E Nt'[` ITY THAT THIS I ;OItM IS VALM THROUGH DECEMBER 31 OF THE CALENDAR Y AR IN WHICU IT IS FILED. I ALSO UiNQERSTAND THAT I AM IXQUIRED TO IM IM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A t .�UNTRAt P IN EXCESS OR THE THRESHOLD AMOUNT PROVIDED IN SECTION 2$7,817 FLOPMA STATUM FOR CATEGORY TWO OF ANY CIIl1NGL IN CONTAINED IN THIS FOAM. • • t [signatttrej •' Sworn to end subscribed befbro mb thls � � day of zo aS use , _....� .�. persouailyfnown _ t i . OR Produacd Idontift006 j (Type o f en! $Gaston D 0 Notary Publto • State of My oommissfo xxII t r�� t Q e fl � DQ7464a (p a d b t co - o c FOffn FUR 7068 (Rev: 06/11/92) • y ORUG•FREE WOR A GE CERTt1= iGATtON IDEIIT €CAL ' TIE 0%. - Preference shall be given to businesses with drug-free workplace programs, Whenever two or more Olds which are equal In respect to price, • quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that It has implemonted a drug -free workplace program shall be given preference in the. aware 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 drugfrae workplace program, a business shall: a statement notifying employees 1) Publish that the unlawful manufacture distribution, dispensing, possession, or use of a controlled substance is prohlbltdd•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 pusiness's policy of maintaining a drug -free workplace, pny avallabl? drug that m y i posledtupon and employees for drug abuse via at o ne and the penalties �F 3) Give ea6h employee engaged in providing the commodities or contraotual services that are under bid a copy of the statement specified In subsection (1). 4) In the otafement speolfled in subsection (1), notify the employees that, as a conditlort'of working on the commodities or contractual services that are under bid, the bmployee Will.abtde by the terms of the statement and will notify the employer-of any conviction of, or plea of guilty or note contendre to, any violation •occurring:in the workplace no later than flue (g) days after such conviction, sy Imposi.:ganction on, or require the sa t i s factory participation In a -drug abuse asslstande or rehabilitation program If such Is available In the employee's .commuriltj' by any employee who Is so convicted. 6) Make a food faith effort to continue.to maintain a drug - free , workplace through irnplemetitation of this sect €on. . 4 (signature) ANTI-COLLUS104 STATEMENT other -By signing this form, the bidder agrees that this bid Is made wit tonyar firm submitting or connection with any corpor submitting a bid for the same purpose and that the bid is In all respects, fair and without collusion or fraud. Sign in Ink In the space provided below. Unsigned bids will be considered Incomplete, and will be dlsquatliled and rejected, _ IT is AGREED BY THE UNDERSIGNED B DDER THAT THE SIGNING AND DELIVERY OF THE BID REPRESENTS T E BIDDER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOR OING SPECIFICATIONS AND PROVISIONS, AND IF AWARDED, THIS dONTRACT WILL REPRESENT THE AGf (EEMENT BETWEEN EACH OF THE GOVERNMENTAL PARTIES, NAME OF FILM Odys Y �tanufae� 3ng Company SIGNE D-13 TITLE: Cenexal :Manager ADDRESS: 'x.04 riassaro Blvd: CITY.AND STATE: Tamga, F1 33619 TELdPHONE: '22) 6354339 NO bide will be withdrawn f a Ca � Da rt s i xty (60) days subsequent to the opening of bids, Without 64 o consent of t he C ity Da NO'BID (Reason), , ODYSSEY MANUFACTURING CO June 30, 2008 Mr. Marvin stake Odyssey Manufacturing Co. 1484 Massaro Boulevard Tampa, Florida 33619 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS AND CONTRACTS ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom IC May Concern, Odyssey Manufacturing Co. is a pelaware corporation licensed to do business in the State of Florida. Patrick H. Allman, Odyssey Manufacturing Co.'s General Manager, has the authorlty to sign all bid documents and contracts on behalf of Odyssey Manufacturing company: Sincerely, Marvin T. Rakes President CORPORATE 8)3 it :K s V' ,3•,''• - t {•1. v 1, 44 zr • • th. 1,0 e et r .." 4 4 ' .:. ' tJ,a t i : • �'2 :' '# ' ` ti�i = t,�.t • p:. • i • � , v': ': �. �.s " •. ''�' i :4 p i 04 . SP Pat r's JLA 31; qf r4l' TY e...so vv- - WIP'e? , PA ef rt. Vfr Y INA, ov. .%Zq ".1. V f 1 1 I l e J � tl%4 { rt 16 - Off i 'r WN It . te lily i Wilt YIN IA 41 JA; jL i Labor `tor. Datc: Uugusts 008 ' : ' t + ' Csi[ f resuits over'the phone 513-523-3605 To:' Pat Allmhaai . (FM $13�630r2589,) p • Q Sample:: Bleach•(rec'4 7131) • , arasne er • Wt° MOCi 10.94 i „• • • :• ' . OPLMailable- blorine 121 ( Wto /oNaOH' 7 +' ' - • ;. 0.351 , ' r . ' ; : .� GaleulzteclpXi 13.0 .. i 0.142 _ • Wt° /M2003 ;• r ., . Speelfia O ;ayity; . -. • 11609 CiO3 sngJL ; . 1,096 DL a 100 ► . .. Cl', 73,099' ' : , • "' i ' . DL - too inA ingft, . • 12 ,' I, DL -4nWL CIO;, <10 j :" DL- 10mg/L t 0.22 j r:.'' ,t •.' )?lt- 0.02 mg1L Cu, mg/L - <0.02 ~, pL R 0.02mg/i.. IDL 0,%mg/L Ni, sx3 Sodium, g/L 89.8 ' WTIMT19) Hardness (as CAM), 91L, 1.6 e tti 4 Tile hardnoss Yoko is a Ca1G118tiOn �j?SCd OFt�}1l C arbonate I on determined by t$a alkalinity �itra #on ; : : • : Miter Test (1,040 tnL) 0 Min 53 Soo • ` $172 College Corner Pike, P.O. Hox 638, O�Ibrd, Obia• 45056 Tel: '513.523 3605, 1'AM 5134234025 13-Mall: bbubnisjbreenet.com 00 r 7 !.k-, i .l 01YYSSEY MANUFACTURING CO. . ' OdYSSV M Co, Reference Lis> - Roy Carter, U.S. Sugar, WT Superintendent, 863- 902 -2811 Tom Miilazo, .Bonita Springs utilities, RO Chief Operator, 239 - 390 -4823 - Landis Legg, Hernando County, WWT Plants Superintendent, 352-764-4490 Mike Vernon, Indian River County, Chief Operator South RO, 772.770-5088 Marvin Kaden, Pasco County, Chief Water Operator, 727 - 8478145 Jim Kaplan, Pasco County, Lead Water Operator, 727 - 834 -3255 - Shawn Kopko, City of Cape Coral,'Water Production Supt, 239 -574 -0877 Andy Fenske, City of Cape Coral, Chief Operator, 239 -574 -0877 Mike Fisher, City of Gape Coral, Everest WWT Plant Supt, 239 -574 -0872 - Keith McGurn, City of Bradenton, WT Superintendent, 941-727-6366 Ricky Fullington, City of Bradenton, WT Chief Water Operator, 941 -727 -6362 Fred Dunham, City of cocoa, WW1' lead Operator, 321 - 639.7680 - Steve Bozrr an, Charlotte County, Westport WWT Chief Operator, 941 -697 -4888 Jack Green, City of Maroc /stand, RO Plant Supervisor, 239-642-5 Ron Welss, City of Marko island, Lime Plant Supervisor, 239- 394 -3353 Jeff poteet, city of Marco island, Uilllty Director, 239 - 394 -5595 - . Pat Deveochlo, Orange County, Production Manager WT, 407 -254 -9500 - ScottRuapd, City ofDeltona, WWr chief Operator, 386 - 574 -2181 Jim Smith, City of Deltona WTIWWi' Supervisor, 386. 574 -2189 - Pat Henderson, City of Palm Coast, WWr Chief Operator, 386 -986 -2343 Pete Roussetl, City of palm Coast, RO Plant Chief Operator, 366 - 9864348 pan Tomlr )j City of palm Coast, Lana Plant ChiefOperator, 366 886 - 2345 - Carry Trepany, Pinellas County, WT Chief Operator, 727 - 453 -6980 f?ay D'Aluto, City of palmetto WWT Plant, Project Manager, 944- 723 -5108 - 'Tom Hill, L *b CcuntyW AWr Manager, 239 -479 -8989 Chad Denny, Lee County, WT Superinfendent, 239 - 694 -4038 - ..,John Czahoroski, Sarasota County, Manager Field Operations, 941 -861 -0536 :;tarry Schoonmaker, Sarasota County, Superintendent, 941 - 3164071 Mike Mlssoff, Sarasota County, WrSupervisor, 941.654 -9218 , Jim Conley, Sarasota County, WT Superintendent, 941- 881 -1600 - Jim Petrosky, City of Venice, Chief Operator WWT Operations, 941-486 -2788 Steve Parki, City of Venice, Chief WT Operator, 941- 488 -2770, Ext. 236 -Larry Welinken, Clty of Mulberry, Public Works Director, 863- 425 -5492 Richard Anderson, WT Superintendent, Tampa Bay Water, 813 - 929 -4551 Greg Wikh4lm, Tampa Bay Water, Lead Operator, 813 - 910 -3246 Marvin l3 Plant Chemist, indlantown Co- generation plant, 561 - 597.6500 Terry Carver, City of Winter Haven, WWT Superintendent, 863-291-5763 Data WalJer,.Callier Coun €y, North WW1' Plant Chief Operator, 239-697-5365 Steve Miller, C[ty of Port Orange, WT Chief Operator, 386 - 758 -5380 - Pete Williams, FP &L indlan #own, Plant Chemist, 772 - 597 -7387 - Bl(l Kuederle, Manatee County, W t' Plant, 941 -746 -3030 Chris C31lins; Manatee County, SW WWT Chief Operator, 941 - 792 -8788 Randv latesias, City of Ormond Beach, WT Supt., 388 -67 &3568 M d � •• S ' t7 , 'M � � a 6 a i U ` � . . , .. ,. .. ' ^^ . .� . /.. . ' ' 0 . / o ~~ . r � . . ~~.~~~.. '^ . ..�. . ~ �. . . . �. . .. ' � ,. lz .. , ` ^ ' . . '. . . . . .. .. . �� ` . . . . . .` .. .. � cc . . ^. . . . ^ .. . . ' | / | � ' ! � .^