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1891 Hawkins Inc Piggy Back 17/18-22RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): I Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution ® City Mayor's Signature ® City Clerk Record Keeping ❑ Safe Keeping ❑ City Attorney's Signature ® City Clerk's Signature Piggy Back Contract — Hawkins Inc PBA 17/18-22 Once completed, please: ® Return original ❑ Return copy Special Instructions: Please sign two (2) of each contract and return one (1) original of each to Purchasing. City Clerk's office may keep one (1) of each for their records. Approved by City Commission on October 23, 2017 Please advise if you have any questions regarding the above. Thank you! -Mmkze From T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc E I P -R- 0 k� 41 Contract/Agreement Name: Approval: PBA 17/18-22 Hawkins Inc 0 W? - Finance Director t-,'t'Y Attorney I z Date Date Date o ws RM x Item No. 6. E, CITY COMMISSION MEMORANDUM 17-289-E OCTOBER 23, 2017 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: William Marcous, Titility Support Services NjiVgger SUBMITTED BY: Norton N. Bonaparte, Jr., City Manag SUBJECT: Annual Chemical Purchase — Dumont, awkins Company STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of the purchase of various chemicals used in water and wastewater treatment from Dumont, a Hawkins Company, is requested. PISCALISTAF'F'ING STATEMENT: The total annual cost to purchase various chemicals used in water and wastewater treatment is $101,500. Funds are budgeted in various Utility plant accounts. BACKGROUND: The City purchases several chemicals from the Dumont Company. Hydroflursilicic acid is used to fluoridate the drinking water, Clear Flow PT 2536 is used as a corrosion inhibitor in potable water, sulfuric acid is used in the odor control system at the wastewater treatment plants, and sodium bisulfite is used for de -chlorination in wastewater treatment. The City is able to continue purchasing these chemicals from the Dumont, a Hawkins Company, by piggy -back through various Cities: V City of Zephyrhills for corrosion inhibitor at $6.75/gallon %I City of Palm Coast for 50% sulfuric acid @ $2.05/gallon Lee County for hydrofluosilicic acid 23% at $2.67/gallon tJe • f�31(o a1ta0L.K D ctc,� 4%z�i $ V Green Cove Springs for sodium bisulfite at $2.65/gallon. Bid and award documents from the awarding entities are available for review in the City of Sanford's Purchasing Office. LEGAL REVIEW: iuuw March 20, 2017 .. . . .... . .... .... I . . . . . . . Hawkins' Inc. 2381 Rosegate Roseville, MN 55113 Bane: (612) 331.6910 For (612) 331.5304 As a Vice President of Hawkins, Inc., I hereby authorize Raymond C. Pool to sign any and all bid documents along with related materials for and on behalf of Hawkins, Inc. Sincerely, Thomas Keller Vice President, Water Treatment Group. Hawkins Water Treatment Group, Inc. d/b/a Hawkins, Inc. Piggyback Contract (PBA -17/18-22) (Green Cove Springs) The City of Sanford ("City") enters this "Piggyback" Contract with Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc., (hereinafter referred to as the "Vendor", whose address is 2381 Rosegate, Roseville, Minnesota 55113, whose Florida address is 2263 Clark Street, Apopka, Florida 32703, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the City of Green Springs, FI Services Agreement Bettye relating to water and waste\ as the "original government ientified as "Professional Springs And Contractor" contract being referred to (2). The original government contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. 1 (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5000 (Extension 5421) and whose e-mail address is BILAL.IFTIKHAR@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction 2 in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall 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 agency. All delivery locations and the provision of services and the provisions of goods and supplies shall be as directed by the City. (h). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, • ` i • ` i ` • `a iiii,► • ` i i (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this day of , 2017. SIGNATURE BLOCKS FOLLOW: 3 Attest: N'vo 0, Printed name: Authorized Corporate Attesting Authority Attest. - Cynthia Porter, City Clerk Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc. B y: -jes�pf�-Bch ©eder- kla-vmnq�- (00 SE Regional Manager Date: fR I 1g.111 I City Of Sanford By: Jeff TriI Date: `1 Exhibit "A" [Attach original government contract] PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GREEN COVE SPRINGS AND CONTRACTOR THIS AGREEMENT ioawarded and entered into this between the City ofGreen Cove Springs, apolitical subdivision nfthe STATE QFFLOhereinafter referred to as the "CITY" and Hawkins, Inc., o Florida CorporaUon, Jason Schroeder, SE Regional Manager, 2283Clark Gt.Apopka, FL327O3.hereinafter referred boasthe "CC3NTRACFOR". WITNESSETH the CITY desires toobtain the professional services of said CONTRACTOR to provide and perform professional services eafurther described hereinafter bubareferred tmand identified aeWater & Wastewater Chemicals; and WHEREAS, the CONTRACTOR hereby oadfiea that CONTRACTOR has been granted and possesses U necessary, valid, current licenses *o du business inthe State of Florida and in the City of Green Cove Springs, Florida, issued by the respective State Boards and Government Agencies responsible for regulatingondUoenmingtheoervioaabnbopnovk]wdandparfomnedbvtheCC}NTRACTOR pursuant hothis Agreement, and WHEREAS, the CONTRACTOR has reviewed the services required pursuant bothis Agreement and is qua|ified, willing and able to provide and perform all such services in accordance with the provisions, conditions and terms hereinafter set forth; and WHEREAS, the selection and engagement of the CONTRACTOR has been made by the CITY in euuondonca with the provisions of the C|TY"s Purchasing Policies and the solicitation made by the CITY through its BID No. O3-17-O2.Water & Wastewater Chemicals. WHEREAS, all parties hereto are in agreement with all terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, terms and provisions contained herein, the parties hereto agree that with the mutual acceptance of this Agreement as indicated hereinafter by the execution of this Aonaarnmnt by both parties that a Contract shall exist between both parties consisting of: ARTICLE 1.00 - DEFINITIONS The following are definitions for the terms associated with this Agreement and are provided to establish a common underoband|ng, between the parties, regarding the intended usage, appUcmtion, and interpretation ofsame. 1.01 AGREEMENT - As it relates to the requirement ofth rh contemplated herein, this Agreement shall include Exhibit A — Scope of Services and any documentation by reference, and shall constitute the entire agreement or understandings, written or oral, relating to the matters set forth herein. Any prior Agreements, entered into by the parties hereto, for other services shall not be affected by this Agreement nor shall they have any affect, whatsoever, on this agreement. 1.02 AMENDMENTS - Any addiNons, modifications or alterations made to this agnsennonL Al} amendments shall bamade inaccordance with Article 22.0O. 1.03 "CONTRACTOR" the individual or firm offering services, who has executed this Agreement, and Tho is legally obligated, responsible, and liable for providing and performing any and all services as required under the covenants, terms and provisions contained herein and any and all Amendments hereto. Any reference hereinafter made to the contractor shall also include any employees of the contractor, and any sub -contractors or employees thereof, who are engaged by the contractor for the purpose of performing services pursuant to this Agreement. Page I of 18 1.04 "CITY" a political subdivision of the State of Florida, and any official and/or employees thereof, who shall be duly authorized to act on the CITY'S behalf, relative to this Agreement. 1.05 "PARTIES" CITY and the CONTRACTOR as defined hereinabove. 1.06 "PROFESSIONAL SERVICES" all services, work, materials and other professional, technical and administrative activities as set forth in Exhibit A — Scope of Services, which are necessary to be provided and performed by the CONTRACTOR and its employees, and any and all sub -consultants and sub -contractors the CONTRACTOR may engage to provide, perform and complete the services required pursuant to the covenants, terms and provisions contained herein. 1.07 "PROJECT MANAGER" the CITY`s Public Works Director or his designee. The PROJECT MANAGER shall be responsible for acting on behalf of the CITY to administer, coordinate, interpret and otherwise manage the contractual provisions and requirements as set forth in this Agreement, or any AMENDMENT(S) hereto. The PROJECT MANAGER shall also serve and act on behalf of the CITY, to provide direct contact and communication between the CITY and the CONTRACTOR, providing information, assistance, guidance, coordination, review, approval and acceptance of the professional services, work and materials to be provided and performed by the CONTRACTOR, pursuant to this agreement, and any Amendment(s) hereto. The PROJECT MANAGER shall also review and approve any and all requests, submitted by the CONTRACTOR, for payment of services performed, pursuant to this Agreement. 1.08 "SUB -CONTRACTOR" any individual or firm who offers professional services to the CONTRACTOR, so as to assist providing and performing the professional services, work and materials for which the CONTRACTOR is contractually obligated, responsible and liable to provide and perform under this Agreement. The CITY shall not be a party to, held responsible or liable for, or assume any obligation whatsoever for any provision under any Agreement entered into by the CONTRACTOR and any and all SUB -CONTRACTORS. 1.09 ADDITIONAL DEFINITIONS - RESERVED ARTICLE 2.00 - SCOPE OF PROFESSIONAL SERVICES The CONTRACTOR agrees to provide to the CITY the services identified in Exhibit A — Scope of Services under the price schedule contained therein. ARTICLE 3.00 - TERM The Agreement Term shall terminate one year from beginning contract date with the option to renew for an additional four (4) one-year terms. ARTICLE 4.00 FUNDING This Agreement or any amendments hereto shall be subject to fund availability. ARTICLE 5.00 - OBLIGATIONS OF THE CONTRACTOR The obligations of the CONTRACTOR, with respect to the services provided herein, shall include, but not be limited to, the following: 5.01 LICENSES The CONTRACTOR agrees to obtain and maintain, throughout the term of this Agreement, and any extensions hereof, all licenses as required to do business in the State of Florida and the CITY of Green Cove Springs, including, but not limited to, licenses required by any State Boards, or other governmental agencies, responsible for regulating and licensing the professional services provided and performed by the CONTRACTOR pursuant to this Agreement. 5.02 PERSONNEL Page 2 of 18 (1) QualifiedPersonnel-The CONTRACTOR agrees to employ end/or retain only qualified personnel where, under Florida law, requires a license, certificate of authorization, or other form oflegal entitlement, bmpractice such services. (2) Contractor's Project Manager - The CONTRACTOR ogramm to employ and deniQnaba, n qualified professional hnserve awits Project The Contractor's Project 88onaQmrmha||be authorized to act on behalf ofUl CONTRACTOR with respectho directing, coordinating and administering all aspects of the professional services to be provided and performed, pursuant to this Agreement, and/or any Amendment(s) hereto. The CONTRACTOR'S Project Manager shall have full authority to bind and obligate the CONTRACTOR on any matter arising under this Agreement or any Amendment(s) hereto, except upon express written agreement of the CITY. The CONTRACTOR agrees that its Project Manager shall devote whatever time is required to satisfactorily manage the professional services performed by the CONTRACTOR, throughout the entire term of this Agreement and any extension hereof. The person or individual selected, by the CONTRACTOR, to serve as its Project Manager is subject to prior approval and acceptance of the CITY. (3) Removal mfPersonnel - The CONTRACTOR agrees hopromptly replace its Project Manager or any other persons in its ornpkw, including sub-contractors(s) or employees thereof, who were engaged by the CONTRACTOR to perform professional aen/icoa pursuant to this Agroement, if the CITY requeoba, with or without cguae, that the individuals be stopped from performing professional services under this Agreement. (4) Sub -contractors — If the CONTRACTOR utilizes sub -contractors to assist in providing and ' ' performing the professional sen/ioes. CONTRACTOR will solicit and consider Minority -Owned Businesses. 5.03 STANDARDS OF PROFESSIONAL SERVICE The CONTRACTOR agrees to provide and perform the professional services set forth in this Agreement, or any Amendments hereto, in accordance with generally accepted standards of professional practice and in accordance with the laws, statutes, ordinances, codes, rules, regulations and policies, of any governmental agencies which may regulate, or have jurisdiction over the professional services to be provided and/or performed by the CONTRACTOR, pursuant to this Agreement. 5.04 INDEMNIFICATION (1) The CONTRACTOR shall be, and agrees to be and remain liable for any and all damages, losses, and expenses incurred by the CITY caused by the errors, omissions, negligence, or delay(s) of the CONTRACTOR or by any sub-consultant(s) and/or subcontractor(s) engaged by the CONTRACTOR in providing, performing and furnishing services, work and materials pursuant to this Agreement. (2) The CONTRACTOR shall be liable and agrees to be liable for and shall indemnify, defend and hold the CITY harmless for any and all claims, suits, judgments or damages, losses and expenses including court costs, expert witness and professional consultation services, and attorneys' fees arising out of the CONTRACTOR'S errors, omissions, negligence, or delay(s), or those of any and all sub -consultants and/or subcontractors engaged by the CONTRACTOR during the providing, performing and furnishing of services, work and materials pursuant to this Agreement and any and all Amendments thereto. 5.05 NOT TO DIVULGE CERTAIN INFORMATION ng the term of this Agreement and forever thereafter, the CONTRACTOR agrees not to divulge, furnish or make available, to any third party, without the express written permission of the CITY, any non-public information, where such information has not been properly subpoenaed, concerning the services rendered by the CONTRACTOR. Page 3 of 18 ARTICLE 6.00 - OBLIGATIONS OF THE CITY 6.01 AVAILABILITY OF CITY INFORMATION At the CONTRACTOR'S request to the PROJECT MANAGER, the CITY agrees to make available all pertinent information, known by the CITY to be available, so as to assist the CONTRACTOR in providing and performing the professional services required herein. Such information may include, but not be limited to, customer billing information, consumption records, other related data. The CONTRACTOR shall be entitled to reasonably rely on the accuracy and completeness of such information. 6.02 AVAILABILITY OF CITY'S DESIGNATED REPRESENTATIVES The CITY agrees that the PROJECT MANAGER shall be available within a reasonable period of time, with reasonable prior notice, given by the CONTRACTOR, to meet and/or consult with the CONTRACTOR on matters pertaining to the professional services to be provided hereunder. The CITY further agrees that the PROJECT MANAGER shall respond, within a reasonable period of time, to written requests submitted by the CONTRACTOR. ARTICLE 7.00 - COMPENSATION AND METHOD OF PAYMENT 7.01 COMPENSATION AND METHOD OF PAYMENT For the professional services performed by the CONTRACTOR, pursuant to this agreement, the CITY hereby agrees to pay the CONTRACTOR in accordance with the provisions set forth by the State of Florida's Prompt Payment Act (Florida Statutes Section 218.70) and the schedule and provisions as set forth in Exhibit A — Scope of Services. 7.02 PAYMENT WHEN SERVICES ARE TERMINATED (1) In the event of termination of this Agreement by the CITY and not due to the fault of the CONTRACTOR, the CITY shall compensate the CONTRACTOR for: (1) all services performed prior to the effective date of termination; and (2) shall pay the costs of such as set forth In Section 7.01 of this agreement. (2) In the event of termination of this Agreement, due to the fault of the CONTRACTOR or at the written request of the CONTRACTOR, the CITY shall compensate the CONTRACTOR for (1) all services completed prior to the effective date of termination, which have resulted in a usable product or otherwise tangible benefit to the CITY; and (2) shall pay the costs of such as set forth in Section 7.01 of this agreement. Any such payments shall be subject to a set-off, for any damages incurred by the CITY, resulting from delays occasioned by the termination. 7.03 PAYMENT WHEN SERVICES ARE SUSPENDED In the event the CITY suspends the professional services required to be performed, by the CONTRACTOR, pursuant to this Agreement, the CITY shall compensate the CONTRACTOR for all services performed prior to the effective date of suspension and shall pay the costs thereto as set forth in Section 7.01 of this agreement. 7.04 NON -ENTITLEMENT TO ANTICIPATED FEES in he event the professional services to be performed under this Agreement are terminated, eliminated, canceled, or decreased due to: (1) termination; (2) suspension, in whole or in part; or (3) modification by the subsequent issuance of an Amendment, the CONTRACTOR shall not be entitled to receive compensation for anticipated professional fees, profit, general and or administrative overhead expenses, or for any other anticipated income or expenses. ARTICLE 8.00 - TIME AND SCHEDULE OF PERFORMANCE 8.01 TIMELY ACCOMPLISHMENT OF SERVICES Page 4 of 18 The timely and expeditious completion,by the CONTRACTT)R, of all professional services provided under this Agreement, or any Amendments hereto is expected. The CONTRACTOR agrees to employ an adequate number of personnel throughout the period of this Agreement, and any extension hereof, so that all professional services to be provided, pursuant to this Agreement, or any Amendments hereto will be provided, performed and completed in a timely and expeditious manner. Should the CONTRACTOR not be able to complete the services for a project inaccordance with the Scope of Services and Schedule agreed to pursuant to Exhibit A — Scope of Services, the CONTRACTOR shall provide the PROJECT MANAGER a revised schedule and narrative indicating the reasons for the delay within a reasonable period of time prior to the expiration date of the original schedule. The PROJECT MANAGER shall review this information and either approve the revised schedule as submitted or provide a written response indicating the deficiencies in the schedule. Once the revised schedule has been approved by the PROJECT MANAGER, it shall then become the schedule for the project. Requests for changes to Exhibit A — Scope of Services that are denied by the PROJECT MANAGER shall be further reviewed as proposed contract Amendments pursuant to Article 22.00. 8.02 NOTICE TO PROCEED ritten Notice to Proceed (NTP) will baissued bythe PROJECT MANAGER, following the execution of each Scope of Services pursuant and upon receipt of the insurance certificates and related documentation required herein. The CONTRACTOR shall only be a thuhzed to commence work after issuance of the NTP. Thereafter, the CONTRACTOR aheU commence work promptly and ahmU carry on all such services as may be required hereunder in a continuous, diligent and forthright manner. ---uld the CONTRACTOR fail to commence, FAILURE TO PERFORM IN A TIMELY MANNER provide, and/or perform any of the professional ewmimas requined, pursuant to this Agreement, in a timely, oonbnuoup, di|igeni, professional and expeditious nlmnnor. the CITY may consider such failure as justifiable cause to terminate this AgnaarnenL presentlyARTICLE 9.00 - CONFLICT OF INTEREST The CONTRACTOR represents that it has no interest and ehmU acquire no interest, either directly or indinactly, xv� ioh would conflict in any manner with the performance of services required hereunder. The CONTRACTOR furthara reosthatnoporoonhavinganyouchmonfliotofintensstohoU beemployed orengaged bythe CONTRACTOR for performance hereunder. If the CONTRACTOR, for itself and on behalf of its is about to on0nQe in the representation of another client, who it in faith believes couldresult | conflict ofinterest with the services being rendered pursuant to this Agreement, then the CONTRACTOR shall promptly bring such potential conflict of interest to the CITY'S attention in writing. The CITY wilt make a determination in a timely manner. Upon determination that there is a conflict of interest, the CITY will submit written notice of same to the CONTRACTOR and the CONTRACTOR shall decline the new representation. If the CITY determines that there is not any such conflict, then the CITY shall give its written consent to such representation. If CONTRACTOR accepts such a representation without obtaining the CITY'S prior written consent, and if the CITY subsequently determines that there is a conflict of interest, the CONTRACTOR agrees to promptly terminate such new representation. CONTRACTOR shall require each sub -contractor to comply with the provisions of this Section. Should the CONTRACTOR fail to advise or notify the CITY, as provided herein above, of representation, which may, or does, result in a conflict of interest, or should the CONTRACTOR fail to discontinue such representation where a conflict is determined to exist, the CITY may consider such failure as justifiable cause to terminate this Agreement. ARTICLE 10.00 - ASSIGNMENT/TRANSFER Any assignments or transfer of rights, benefits or obligations hereunder shall only beallowed if approved Page nuf1u as an amendment pursuant to Article 22.00. ARTICLE 11.00 - APPLICABLE LAWNENUE This Agreement shall be governed by the ordinances of the City of Green Cove Springs, the laws, rules, and regulations of the State of Florida, procedural and substantive, and applicable federal statutes, rules and regulations. The venue for any and all litigation, arising under this Agreement, shall lie in Clay County, Florida. ARTICLE 12.00 - WAIVER OF BREACH Waiver by the CITY, of a breach of any provision of this Agreement, by the CONTRACTOR, shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. ARTICLE 13.00 - INSURANCE COVERAGES 13.01 GENERAL REQUIREMENTS The CONTRACTOR shall purchase and maintain such insurance meeting the requirements of the City of Green Cove Springs and as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S execution of the WORK, whether such execution be by himself or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts may be liable: Claims under workmen's compensation, disability benefit and other similar employee benefit acts; Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR or (2) by any other person; and Claims for damages because of injury to or destruction to tangible property, including loss of use resulting there from. Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverage's afforded under the policies will not be cancelled unless at least thirty (30) days prior WRITTEN NOTICE has been given to the OWNER. The CONTACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified; CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by himself or by any SUBCONTRACTOR under him, or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Upon award, the bidder shall provide a certificate of insurance providing at least thirty (30) calendar days guaranteed written notice of cancellation and the City listed as an additionally insured with the following minimums: Page 6 of 18 aCommercial General Liability 1. General $1.000,000 2.Products and Completed O $1.000,000 3.Personal and Advertising Injury $1.000,000 4.Each Occurrence $1.000.000 5.Fire Damage (any one fire) $ 50.000 8.Medical Expense (any one person) $ 5.000 b.Automobile Liability 1.Any Automobile -Combined bodily injury/property dnrnaQe, with minimum limits for all additional coverage aorequired bvFlorida law $1.000.000 c.Workers Compensation/Employers Liability 1.Workers Compensation statutory limits 2. Employers Liability o.Each Accident $100.000 b. Disease -Policy $500.000 n.Disease-Each Employee $100.000 d.Professional LiabU 1. When required bycontract-per occurrence The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit cfthe OWNER, the CONTRACTOR, and SUBCONTRACTORS aetheir may appear. This provision shall in no way release the CONTRACTOR or CONTR/CTC)R'$ surety from obligations under the CONTRACT DOCUMENT hofully complete the PROJECT. The CONTRACTOR shall procure and maintain at his own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the work is performed, Workmen's Compensation Insurance, including occupational disease provision, for all of his employees at the site of the PROJECT and in case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarity to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise The CONTRACTOR shall secure, ofapplicable, "All Risk" type Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance aho|| not be |eaa than the CONTRACT PRICE totaled in the B[[l The policy shall cover not less than the losses due bzfire, explosion, hail, lightning, vando|ham, maliciouo, mischief, wind, ooUapse, hot, aircrmft, and smoke during the CONTRACT TIME, and until the WORK is pted by the OWNER. The policy shall name aothe insured the CONTRACTOR, the ENGINEER, and the OWNER. The Owner shall be specifically included aaonadditional insured. This does not pertain to workers compensation. All certificates of insurance must be on file with, and approved by, the Owner before the Page 7ov10 commencement of any work activities. ARTICLE 14.00 - DUTIES AND OBLIGATIONS IMPOSED ON THE CONTRACTOR The duties and obligations imposed on the CONTRACTOR, and the rights and remedies available hereunder shall be in addition to, and not limitation on, any such duties and obligations or rights and remedies otherwise imposed or available by law orstatute. ARTICLE 16.00 - REPRESENTATION OF THE CITY The CONTRACTOR, in performing the professional services required pursuant to this Agreement, or any Amendments hereto, shall only represent the CITY inthe manner, and to the extent, as specifically set forth |nthis Agreement urany Amendments hereto. The CITY will neither assume nor accept any obligation, commitment, responsibility orliability, which may result from o representation by the CC3NTRACTOR, which is not apedfineUy provided for and or authorized bvthis agreement orany Amendments hereto. ARTICLE 16.00 - OWNERSHIP OF DOCUMENTS All documents, including but not limited to, drawings, tracings, notes, computer files, photographs, plans, specifications, maps, evaluations, reports and any other records or data, specifically prepared and/or developed by the CONTRACTOR, pursuant to this agreement, shall be the property of the CONTRACTOR until the CONTRACTOR has been paid for performing such services as required to produce such documents. The CONTRACTOR shall submit reports and other documents, to the extent directed by the CITY, in the format as specified in Exhibit A — Scope of Services Upon natural expiration or termination of this Agreement, of the above documents shall be promptly delivered to and become the properties of the CITY. The CONTRACTOR, at its expense, may retain copies of all docummnte, generated pursuant to this Agreement, and subsequently delivered to the CITY, for reference and internal use. The CONTRACTOR ohsd| not use any docunnanto, data and/or infonnaUnn, generated here from, on any other project or fbr any other client without the express written permission mfthe CITY. ARTICLE 17.00 - MAINTENANCE OF RECORDS The CONTRACTOR shall maintain adequate records and supporting documentation, applicable to all services, work, information, expenses, costs, invoices and materials, provided and performed, pursuant to the requirements of this Agreement. Said records and documentation shall be retained by the CONTRACTOR for a minimum of five (5) years from the date of natural expiration or termination of this Agreement. The CITY and its authorized agents sheU, after providing reasonable nmhce, have the right tnaudit, inspect and copy all such records and documentation, aaoften oathe CITY deems necessary during the hann of this Agreement, and during the five (5), year period thereafter, as required ebmve, provided that such activity is conducted during normal business hours and at the expense of the CITY. Articles,ARTICLE 18.00 - HEADINGS, The HEADINGS of any SeoUona, and/or Attachments, to this Agreement, are for convenience only and shall not be deemed to expand, limit or change any of the provisions contained herein. ARTICLE 19.00 -RESERVED ARTICLE 20.00~NOTICE AND ADDRESS OF RECORD ---All notice to the CITY, pursuant to this Agreement, NOTICE BY CONTRACTOR TO CITY shall be made in writing and shall be delivered through the United Gbah»s Postal Seniue, first daoa nnaL postage prepaid and Page 8 of 18 City of Green Cove Springs 321 Walnut Street Green Cove Springs, Florida 32043 ATTENTION: Lauren Fitzgerald, Assistant Finance Director 20.02 NOTICES BY CITY TO CONTRACTOR All notices to be given to the CONTRACTOR, pursuant to this agreement, shall be made in writing and shall be delivered through the United States Postal Service, first class mail, postage prepaid and addressed to the following, CONTRACTOR'S address of record: Hawkins, Inc. 2263 Clark St Apopka, FL 32703 ATTENTION: Jason Schroeder, SE Regional Manager 20.03 CHANGE OF ADDRESS OF RECORD Either party may change its address of record, at any time, by written notice to the other party given in accordance with the requirements as set forth in Article 20.01, above. ARTICLE 21.00 - TERMINATION 21.01 GENERAL PROVISIONS This Agreement may be terminated by the CITY or the CONTRACTOR, with or without cause by giving sixty (60) days written notice to the other party as required in Article 20.00 above. 21.02 TERMINATION DUE TO BANKRUPTCY OR INSOLVENCY If the CONTRACTOR is adjudged bankrupt or insolvent, if it makes a general assignment for the benefit of its creditors, if a trustee or receiver is appointed for the CONTRACTOR or for any of its property or if it files a petition to take advantage of any debtor's act or to reorganize under bankruptcy or other similar laws the CITY may, without prejudice to any other right or remedy, and after giving the CONTRACTOR written notice, terminate this Agreement. 21.03 CONTRACTOR TO DELIVER MATERIAL, Upon termination for any reason, the CONTRACTOR shall promptly deliver to the CITY all documents, papers, drawings, models, or any other materials, which the CITY has exclusive rights, by virtue of this Agreement or any other services performed by the CONTRACTOR on behalf of the CITY. ARTICLE 22.00 - AMENDMENTS The covenants, terms, and provisions contained herein may be amended, altered and/or modified upon express written consent of the parties hereto. In the event of conflicts between the covenants, terms, and/or provisions hereof, and any amendment(s) hereto, the latest executed Amendment(s) shall take precedent. ARTICLE 23.00 ADMINISTRATIVE PROVISIONS In the event the CITY issues a purchase order, memorandum, letter, or other instruments addressing the professional services, to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that such purchase order, memorandum, letter or other instruments are for the CITY'S internal control purposes only, and any and all terms, provisions, and conditions contained therein, shall in no way modify the covenants, terms and provisions of this Agreement, or any amendments hereto, and shall have no force or effect hereon. Page 9 of 18 ARTICLE 24.00 - ACCEPTANCE Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties hereto, in the space provided, and be attested to as indicated hereafter. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement effective this Vc-1. day of _ , 2017. CI OF GREEN COVE SPRINGS FLORIDA CITY OF GREEN COVE SPRINGS, FLORIDA TY , By: QBy: _ Pamela J. Lewis, ' OR Danielle J. Jud ITY A GER 4 ATTEST: Approved as rm only: u a W. Clevinger, CITY.CLERK _ ATTORNEY CONTRA R – Hawkins, Inc., a Florida Corporation By. Jas n Schroeder, SE' egtona! Manager t,EU Witness as to SE Regions( Manager ��t{F �tQ, (�IJ#A–A-z 1 Page 10 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals SPECIFICATIONS Designated Representative The City's representative is Scott Schultz, Assistant Water Utilities Director, (904) 297-7060, sschuiLz@greencovesWi-inp,s.com s.com. The Contractor shall similarly designate a representative, and provide appropriate contact information. Deliveries Deliveries shall be made within seventy-two (72) hours after placement of an order, or on an agreed upon regular schedule. Any "emergency" deliveries must be made within twenty-four (24) hours of order placement. DELIVERY LOCATIONS Wastewater A. Harbor Road WWTP,1277 Harbor Road, Green Cove Springs, FL 32043. The City owns two (2) 550 -gallon sodium hypochlorite storage tanks. Estimated weekly usage of hypochlorite is 500 gallons The City owns two (2) 550 gallon sodium bi-Sulfite tanks. Estimated weekly usage of sodium bisulfite is 200 gallons B. South WWTP, 926 S.R. 16, Green Cove Springs, FL, 32043. The City owns two (2) 550 -gallon hypo -chlorite storage tanks. Estimated weekly usage of hypochlorite is 250 gallons The City owns one (1) 550 Gallon Sodium Bi -Sulfite tank. Estimated weekly usage of bisulfate is 150 gallons Water A. Harbor Rd. WTP,1277 Harbor Road, Green Cove Springs, FL 32043. The City owns two (2) 550 -gallons sodium hypo -chlorite tanks. Estimated weekly usage of hypochlorite is 250 gallons B. Reynolds WTP, 978 Cary Ave, Green Cove Springs, FL., 32043 (Main Plant) The City owns two (2) 275 gallons sodium hypochlorite tanks. Estimated weekly usage of hypochlorite is 200 gallons Reynolds Well #3, Lewis Street — Two (2) blocks away The City owns two (2)150 -gallons sodium hypochlorite tanks. Estimated weekly usage of hypochlorite is 75 gallons CHEMICALS TO BE PROVIDED Page 11 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals List A (unit items) 1. Liquid Sodium Hypochlorite 2. Liquid Sodium Bi -sulfite List B (bulk items) 1. Granular Chlorine in 100 lb. drums Estimated Annual usage = 5 drums 2. 3" Chlorine Tablets in 50 lb. buckets Estimated Annual usage = 20 drums Contractor may bid on all chemicals listed in Lists A and B or just chemicals in List A or List B, however chemicals listed in each list must remain in that list. All sites are located within the city limits of Green Cove Springs. Deliveries will be accepted Monday through Friday (7:00 AM through 3:00PM), when and as needed at each location with -in 72 hours of order being placed. Each shipment shall be accompanied by a chemical analysis report to show the percent available chlorine (Sodium Hypochlorite) at the time of delivery. Estimated Ouantities The estimated quantities or usages provided by the City within the bid documents are in no way guaranteed by the City to be quantities that shall be purchased. The quantities shown are for the bidder's information only and the City shall be bound only for actual quantities ordered. S ip�llaae The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel's constant inspection and observations of unloading operations and knowledge response to problems or emergencies, which would most commonly be expected to occur. The City reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking. The tanks or trailers shall be clean and free of residue that may contaminate the Contractor's product or impede the unloading process. It is the Contractor's responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and shall be clean and free from contaminating material. The City may reject a load if the equipment is not properly cleaned. The Contractor shall furnish a City approved, leak -free connection device between the trailer and the City's intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spilled chemical. If the spill is not cleaned up, the City will hire a certified hazardous material handling company to clean up the spill, and the cost of such service Page 12 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals will be charge to the Contractor and deducted from the amount due to the Contractor. If the City's unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill. Because of security and safety concerns, all delivery vehicles drivers shall be U.S. citizens and have proper commercial driver's license with a Hazardous Material endorsement. The Contractor's driver shall display their personal driver's license during delivery and whenever requested by the City. In addition, Contractor shall supply The City with a CD (compact disc) containing digital photographs of all currently employed delivery drivers with names imposed. Any changes in currently employed delivery drivers must be made to the CD; an updated CD shall be received by the City within 24 hours of the changes involving drivers. The City shall use the CD to verify whether a driver is actually an employee of the Contractor. Additionally, Contractor shall send a facsimile to the delivery site within 24 hours of delivery. Failure to show proper license, send a facsimile of license in advance or failure of driver to be listed on the CD provided to the City may result in rejection of delivery and may result in termination of the Contract between the City and Contractor. References. Bidders must include at least five (5) references to which they have sold similar products within the past two (2) years. These references should include names of contact persons, firms, addresses and telephone numbers. THE FOLLOWING SPECIFICATIONS APPLY ONLY TO SODIUM HYPOCHLORITE AND SUPERCEDE ANY PREVIOUS SPECIAL INSTRUCTIONS WITH REGARD TO SODIUM HYPOCHLORITE. Definition Sodium Hypochlorite (NaOCI) is a clear light -yellow liquid containing up to 16.0 g/1(16 trade percent) of available chlorine. Bids will include price per gallon of NaOCI at 12.5% or higher. Qualifications/Submittals For purposes of this Bid, the term "Contractor" shall be defined as the company submitting the proposal and shaII include all subsidiaries, affiliates, and subcontractors. As such, any requested documentation shall apply to all subsidiaries and affiliated companies as well as any subcontractors. In the event that a company is using a subcontractor to either manufacture or deliver the product, the requested items (e.g., references, terminations, and safety incidents) shall apply to the subcontractor as well. Each prospective Contractor shall submit a 1500 ml "chilled" sample of their product representative of their manufacturing process from Contractor's manufacturing facility which would serve the customer to one of the approved testing laboratories listed in this Specification for analysis within the past ninety (90) days. The laboratory shall ascertain whether the Contractor's product is in compliance with this Specification for available chlorine, % sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, bromate, per chlorate, hardness (as calcium carbonate) and suspended solids (based on Filter Test time). The cast of the analysis shall be borne by Contractor. The results of the analysis shall be submitted with the Contractor's proposal. In addition, the Contractor shall include the last three copies of their annual NSF results for the same manufacturing location. Failure to submit a sample or meet the requirements of the Specification shall result in Contractor being disqualified from bidding on this product. Page 13 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals Each prospective Contractor shall submit a list of at least five (5) references to include phone numbers and contact names that use or have used its sodium hypochlorite at both water and wastewater treatment plants (at least five of each type) in the past two years. The Reference List shall list actual users at the water and wastewater plants and not purchasing agents. Additionally, each Contractor shall provide the names of any customers where its contract was terminated early (e.g., debarred) for safety, quality, or service issues for any'prbduct it sunalies over the past five years. The Contractor shall also provide a detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury and National Response Center Notifications ("safety incidents") for all chemicals it delivers or manufacturers for the past five (5) years. Failure to disclose references, terminations, or safety incidents will result in Contractor being disqualified from bidding on this product. As part of its Emergency Preparedness Planning and Spill Response Plan, each prospective Contractor shall submit a list with 24-hour access phone numbers of at least two degreed engineers (preferably Chemical Engineers) listing their degree, college or university and year of graduation, experienced in sodium hypochlorite operations to provide emergency support services on a 24/7 basis in the event of a spill, equipment failure or other emergency. Failure to submit this list including all the requirements of the list or to adhere to these requirements will result in Contractor being disqualified from bidding on this product. As part of assessing the Contractor's reliability and safety record, the prospective Contractor shall include all regulatory actions including but not limited to, copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. Additionally, the Contractor shall submit a copy of its OSHA Form 300A/300 logs for the past three years (if the Contractor utilizes a third party driving company or affiliated company, then they shall submit the OSHA 300 logs for that company as well). The City may require a site visit to the Contractor's manufacturing and distribution facilities to assess their safety and reliability as part of the Bid Evaluation process. Samplinz and Testinp, Sampling and testing shall be in accordance with EPA and AWWA B300-04 standards and in accordance with the documents titled: "The Weight Percent Determination of Sodium Hypochlorite, Sodium Hydroxide, And Sodium Chlorate in Liquid Bleach" and "Suspended Solids Quality Test for Bleach Using Vacuum Filtration", distributed by Powell Fabrication and Manufacturing, Inc. and available at http//www.powellfab.com. The approved laboratories are listed below. Should the Contractor request to use another laboratory, that laboratory must be certified by the National Environmental Laboratory Accreditation Conference (NELAC) and must be able to meet the following Minimum Detection Limits (MDL): (1) Metals .02 mg/L; (2) Bromate .1 mg/L; (3) Chlorate 20 mg/L; (4) Perchlorate .1 mg/L; and (5) Chlorine/Excess Caustic 0.1 %. Contractor shall provide proof of current NELAC certification and laboratory analysis shall specify the MDL if a non -approved laboratory is used. Approved Testing Agencies NovaChem Laboratories (formerly Novatek) Thornton Laboratories 5172 College Corner Pike 1145 East Cass Street PO Box 608 Tampa, Florida 33602 Oxford, Ohio 45056 Ph: 813-223-9702 Ph: 513-523-3605 Fax: 813-223-9332 Page 14 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals Fax: 513-523-4025 Attn: Steve Thickett Special Note: Concentration testing for iron and transition metal ions for nickel and copper in sodium hypochlorite is a difficult test and requires high levels of knowledge and experience for accurate and repetitive test results. Sampling and Testing Prior to Unloading The Contractor's delivery trailer shall have a sample port to provide a sample for analysis prior to hooking up and unloading the trailer. The Contractor's delivery personnel (driver) shall be provide a sample of hypochlorite before the shipment is hooked up and unloaded in the presence of the City. The City will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to the City. The sample shall be considered representative of the lot. The City reserves the right to subject samples of the hypochlorite to quick analyses to ensure that it meets basic conditions of the specification with respect to specific gravity, weight percent of sodium hypochlorite, sodium hydroxide, and suspended solids. Any lot tested by the City that fails to comply with the specifications shall constitute grounds for rejection of that lot. No payment shall be made for hypochlorite that is rejected. The Contractor or its subcontractors shall allow 45 minutes for this testing to be completed. If testing can not be completed within the 45 -minute period, the City shall allow the Contractor to unload the shipment. In the event that the load is rejected, the Contractor shall have four (4) hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, the City has the right to procure a shipment from another source. Two rejections of a lot or shipment in any twelve (12) month period shall constitute automatic termination of the Contractor's supply contract with the City. Samplina and Test of Shipment After. Unloading The City reserves the right to subject samples of the hypochlorite to complete analyses to ensure that it meets EPA specifications, AWWA B300-04 specifications, and the supplemental specifications included with this document. A combination of two failures to comply with these specifications from either rejections of a shipment or from a subsequent complete laboratory analysis shall result in automatic termination of the Contractor's supply contract of the hypochlorite. Specification of Material Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects. It is the responsibility of the supplier to inform the City that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between the City and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent to 10.83 percent sodium hypochlorite by weight). Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or sediment. Page 15 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water& Wastewater Chemicals Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. Hypochlorite delivered under this contract shall meet the following contaminant concentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 2,000 mg/L Bromate < 20 mg/L Perchlorate < 20 mg/L Total Hardness < 3 mg/L (As calcium carbonate) Filter Test Time < 3 minutes The delivery time of the shipment shall not exceed 84 hours from the time of manufacture of the product. The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 ml when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration" Method developed by Novatek and previously referenced in this Specification. MANUFACTURER'S LABORATORY REPORTS Delivery Reports: A certified report from the manufacturer shall be submitted for each sodium hypochlorite delivery to the City. The report shall contain the following data: Date and Time of Manufacture Percent by Weight Sodium Hypochlorite Excess Sodium Hydroxide Specific Gravity (Referenced to a temperature) Suspended Solids Test Time No deliveries will be accepted by the City unless accompanied by said certified laboratory report for the specific batch of sodium hypochlorite delivered showing the above data and that it conforms to the required specifications. Ouarterly Reports At the start of the contract and every 90 days, the Contractor shall utilize an outside testing agency acceptable to both the City and the Contractor (e.g., one of the approved laboratories referenced in this Specification) to analyze a sample of the sodium hypochlorite delivered to the City. The Contractor shall supply the sample container and the driver shall collect the sample from the tank truck. This sample will be given to the City at the time of the sample and the City forward the sample to the approved authorized testing agency. Any failure to comply with the specifications shall constitute grounds for cancellation of the contract between the City and Contractor. Charges for the manufacturer's certified report and all quarterly reports by outside testing agencies should be included in the bid price. Page 16 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals Clean Tank Guarantee At any time during the performance of this Agreement, if the City has any sort of sludge or other impurity buildup in any of its chemical tanks, the Contractor shall cleanout the tank at no charge to the City within seven (7) days, unless such timeframe is extended by the City. The cleanout should be done in such a manner so that it is done safely with no loss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the City for approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole discretion of the City. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the City. Failure of the Contractor to clean-out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the City) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the City and the Contractor. Termination In addition to the various statements in this Specification stating the grounds for automatic termination of the Contractor's contract to supply sodium hypochlorite to the City, the contract will be voided or terminated for any three failures by Contractor to meet any requirement of this Specification in the preceding twelve month period. These failures include, but are not limited to, failure to deliver in a timely manner, failure to deliver with proper equipment, failure of the product to meet the specification either prior to unloading, after unloading or as a result of a quarterly analysis, failure to provide a certificate of analysis and failure to respond in a timely manner to any City emergency. Contractor's Checklist The Contractor shall ensure the following information is included in their proposals: • Pricing for the Sodium Hypochlorite • Third Party Laboratory Analysis of Sodium Hypochlorite Sample • Last Three Years of NSF Sodium Hypochlorite Sample Results • List of References (Ten) • List of Degreed Engineers (Two) • List of Subcontractors or Affiliates • List of Safety Incidents (Last Five Years) • List of Terminations/Debarments (Last Five Years) • Copy of OSHA Form 300A/300 logs (Last Three Years) • Other Information on Company • Contact Information to Obtain Product Sample in the Same County • Copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. References Each prospective Contractor shall submit at least five (5) references to include phone numbers that use or have used sodium hypochlorite at both water and wastewater treatment plants in the past two (2) years. The reference list shall list actual users at the water and wastewater plants and not purchasing agents. This reference list shall be separate from the previously requested Page 17 of 18 EXHIBIT A — SCOPE OF WORK AND DETAILS Water & Wastewater Chemicals reference list. The Contractor shall provide qualified personnel under the Contract at all times, who are trained in safe handling practices of chemicals and shall be dressed in proper safety apparel as defined by MSPS. Page 18 of 18 Hawkins Water Treatment Group, Inc. d/b/a Hawkins, Inc. Piggyback Contract (PBA -17/18-22) (Lee County) The City of Sanford ("City") enters this "Piggyback" Contract with Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc., (hereinafter referred to as the "Vendor", whose address is 2381 Rosegate, Roseville, Minnesota 55113, whose Florida address is 2263 Clark Street, Apopka, Florida 32703, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Lee County, FI Hydrofluosilicic original contract (2). The origir reference and is lentified as "Agreement For Bulk and wastewater chemicals, (said il government contract"). ments are incorporated herein by :his contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). 1 N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5000 (Extension 5421) and whose e-mail address is BILAL.IFTIKHAR@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal 2 fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall 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 agency. All delivery locations and the provision of services and the provisions of goods and supplies shall be as directed by the City. (h). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE • • 'ffW =I*: • ' ' • i • ' RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, PORTERC@SANFORDFL.GOV. (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this day of , 2017. SIGNATURE BLOCKS FOLLOW: 3 Attest: Printed name: Nafbil7n 11/01 5V -P, u Authorized Corporate Attesting Authority Attest - 1. Cynthi orter, City Clerk Approved as to form and legal syff iciency. / rm L. Colbert City Attorgey '0 d Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc. By: dos epfi;56h—feeder SE Regional Manager Date: /^7 [12 ( I City Of Sanford By:_ Jeff Tri Date: Exhibit "A" [Attach original government contract] AGREEMENT FOR BULK HYDROFLUOSILICIC ACID 23% THIS AGREEMENT ("Agreement") is made and entered into as of the date of execution by both parties, by and between Lee County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Hawkins, Inc. d/b/a Hawkins Water Treatment Group, Inc., a Minnesota corporation authorized to do business in the State of Florida, 2381 Rosegate, Roseville, MN 55113, and whose Federal tax identification number is 41-0771293, hereinafter referred to as "Vendor." WITNESSETH WHEREAS, the County intends to purchase bulk hydrofluosilicic acid 23% from the Vendor (the "Purchase"); and, WHEREAS, the County issued a solicitation, Formal Bid No. B160160/LKD on April 5, 2016; and, WHEREAS, the County evaluated the responses received and found the Vendor qualified to provide the necessary product and related services; and, WHEREAS, the County approved a Notice of Intended Decision Bid Action on May 6, 2016; and, WHEREAS, the VENDOR has reviewed the products and services to be supplied pursuant to this Agreement and is qualified, willing and able to provide all such products and services in accordance with its terms. NOW, THEREFORE, the County and the Vendor, in consideration of the mutual covenants contained herein, do agree as follows: The Vendor agrees to diligently provide and deliver bulk Hydrofluosilicic acid 23% on an as needed basis for Lee County Utilities, in accordance with the Scope of Services made part of this Agreement as Exhibit A, attached hereto and incorporated herein. Vendor shall comply strictly with all of the terms and conditions of B160160/LKD. II. TERM AND DELIVERY A. This Agreement shall commence immediately upon execution by both the County and the Vendor, and shall continue for one (1) year. The County reserves the right to renew this Agreement for up to three (3) additional one-year periods, upon mutual agreement of both parties and, except for Solicitation # 8160160/1 -KD Page i of 15 Template Revised 4/22/2016 price as provided in Section III below, under the same terms and conditions. B. A Purchase Order must be issued by the County before commencement of any work or purchase of any goods related to this Agreement. III. COMPENSATION AND PAYMENT A. The County shall pay the Vendor in accordance with the terms and conditions of this Agreement for providing all products and services as set forth in Exhibit A, and further described in Exhibit B, Fee Schedule, attached hereto and incorporated herein. Said total amount to be all inclusive of costs necessary to provide all products and services as outlined in this Agreement. B. Notwithstanding the preceding, Vendor shall not make any deliveries or perform any work under this Agreement until receipt of a purchase order from the County. Vendor acknowledges and agrees that no minimum order or amount of product or work is guaranteed under this Agreement and County may elect to issue no purchase orders. If a purchase order is issued, the County reserves the right to amend, reduce, or cancel the purchase order in its sole discretion. C. All funds for payment by the County under this Agreement are subject to the availability of an annual appropriation for this purpose by the County. In the event of nonappropriation of funds by the County for the services provided under this Agreement, the County will terminate the contract, without termination charge or other liability, on the last day of the then current fiscal year or when the appropriation made for the then -current year for the services covered by this agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Vendor on thirty days' prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this Agreement beyond the date of termination. D. Price Escalation/De-Escalation There shall be no increases to the Vendor's pricing, as provided in Exhibit B, for 365 calendar days after the effective date of this Agreement. Upward price adjustments may be permitted only at renewal period(s) and only where verified to the satisfaction of the Division of Procurement Management. However, "across the board" price decreases are subject to implementation at any time and shall be immediately conveyed to the County. The Vendor shall not give less than 30 days' advance written notice of a price increase to the Division of Procurement Management. Any approved price change will be effective only at the beginning of the calendar month Solicitation # B160160/LKD Page 2 of 15 Template Revised 4/22/2016 following the end of the full 30 -day notification period. The Vendor shall document the amount and proposed effective date of the change in price. The price change must affect all accounts serviced by the Vendor. Vendor will provide documentation with the request for increase which will: (1) verify that the requested price increase is general in scope and not applicable just to the County; and (2) verify the amount or percentage of increase is being passed on to the Vendor by others not under the control of the Vendor. Failure by the Vendor to supply the aforementioned verification with the request for price increase will result in delay of the effective date of such increase. The Division of Procurement Management may make such verification as deemed adequate. However, an increase, which the Division of Procurement Management determines is excessive, regardless of any documentation supplied by the Vendor, may be cause for cancellation of the Agreement by the Division of Procurement Management. The Division of Procurement Management will notify agencies purchasing goodsunder this Agreement and the Vendor in writing of the effective date of any increase, which may be approved. However, the Vendor shall fill all purchase orders received prior to the effective date of the price adjustment at the old Agreement prices. The Vendor is further advised that price decreases that affect the cost of materials, labor, and transportation are required to be passed on to the County immediately. Failure to do so will result in action to recoup such amounts. IV. METHOD OF PAYMENT A. The County shall pay the Vendor in accordance with the Local Government Prompt Payment Act, §218.70, et seq. F.S., upon receipt of the Vendor's invoice and written approval of same by the County indicating that the products and services have been provided in conformity with this Agreement. B. The Vendor shall submit an invoice for payment to the address indicated on the purchase order on a monthly basis for those specific products and services as described in Exhibit A (and the corresponding fees as described in Exhibit B) that were provided during that invoicing period. C. For partial shipments or deliveries, progress payments shall be paid monthly in proportion to the percentage of products and services delivered on those specific line items as approved in writing by the County. Solicitation # B160160/LKD Page 3 of 15 Template Revised 4/22/2016 V. ADDITIONAL PURCHASES A. No changes to this Agreement or the performance contemplated hereunder shall be made unless the same are in writing and signed by both the Vendor and the County. B. If the County requires the Vendor to perform additional services or provide additional product(s) related to this Agreement, then the Vendor shall be entitled to additional compensation based on the Fee Schedule as amended to the extent necessary to accommodate such additional work or product(s). The additional compensation shall be agreed upon before commencement of any additional services or provision of additional product(s) and shall be incorporated into this Agreement by written amendment. The County shall not pay for any additional service, work performed or product provided before a written amendment to this Agreement. Notwithstanding the preceding, in the event additional services are required as a result of error, omission or negligence of the Vendor, the Vendor shall not be entitled to additional compensation. VI. LIABILITY OF VENDOR A. The Vendor shall save, defend, indemnify and hold harmless the County from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the Vendor arising out of or in any way connected with the Vendor or subcontractor's performance or failure to perform under the terms of this Agreement. B. This section shall survive the termination or expiration of this Agreement. VII. VENDOR'S INSURANCE A. Vendor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Agreement. B. Vendor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Agreement, insurance coverage (including endorsements) and limits as described in Exhibit C. These requirements, as well as the County's review or acceptance of insurance maintained by Vendor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Vendor under this Agreement. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of B+ Class VII or better. No changes are to be made to these specifications without prior written specific approval by County Risk Management. Solicitation # B160160/LKD Page 4 of 15 Template Revised 4/22/2016 VIII. RESPONSIBILITIES OF THE VENDOR A. The Vendor shall be responsible for the quality and functionality of all products supplied and services performed by or at the behest of the Vendor under this Agreement. The Vendor shall, without additional compensation, correct any errors or deficiencies in its products, or if directed by County, supply a comparable replacement product or service. B. The Vendor warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Vendor), 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 Vendor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement. C. The Vendor shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. D. Vendor specifically acknowledges its obligations to comply with §119.0701, F.S., with regard to public records, and shall: 1) keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services required under this Agreement; 2) provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and 4) meet all requirements for retaining public records and transfer, at no cost to the County, all public records in possession of Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE Solicitation # B160160/LKD Page 5 of 15 Template Revised 4/22/2016 PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-533-2221, 2115 SECOND STREET, FORT MYERS, FL 33901, http://www.leegov.com/publicrecords. E. The Vendor is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor. Vendor is not an employee, agent or servant of the County and shall not represent itself as such. All persons engaged in any work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Vendor's sole direction, supervision and control. The Vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Vendor's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees of the County. The Vendor shall be solely responsible for providing benefits and insurance to its employees. r • i• •`•• It is understood and agreed that all products provided under this Agreement shall become the property of the County upon acceptance by the County. X. TIMELY DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES A. The Vendor shall ensure that all of its staff, contractors and suppliers involved in the production or delivery of the products are fully qualified and capable to perform their assigned tasks. B. The Vendor specifically agrees that all products shall be delivered within the time limits as set forth in this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. "Force majeure" shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the parties. C. The personnel assigned by the Vendor to perform the services pursuant to this Agreement shall comply with the terms set forth in this Agreement. The Vendor shall ensure that all key personnel, support personnel, and other agents are fully qualified and capable to perform their assigned tasks. XI. COMPLIANCE WITH APPLICABLE LAW This Agreement shall be governed by the laws of the State of Florida. Vendor shall promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, and rules relating to the services to be Solicitation # B160160/LKD Page 6 of 15 Template Revised 4/22/2016 performed hereunder and in effect at the time of performance. Vendor shall conduct no activity or provide any service that is unlawful or offensive. XII. TERMINATION A. The County shall have the right at any time upon fifteen (15) days' written notice to the Vendor to terminate this Agreement in whole or in part for any reason whatsoever. In the event of such termination, the County shall be responsible to Vendor only for fees and compensation earned by the Vendor, in accordance with Section III, prior to the effective date of said termination. In no event shall the County be responsible for lost profits of Vendor or any other elements of breach of contract. B. After receipt of a notice of termination, except as otherwise directed, the Vendor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or sub- contracts for materials, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims. C. The County's rights under this Agreement shall survive the termination or expiration of this Agreement and are not waived by final payment or acceptance and are in addition to the Vendor's obligations under this Agreement. XIII. DISPUTE RESOLUTION A. In the event of a dispute or claim arising out of this Agreement, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter into mediation in Lee County, Florida, with the parties sharing equally in the cost of such mediation. B. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below. C. Any dispute, action or proceeding arising out of or related to this Agreement will be exclusively commenced in the state courts of Lee County, Florida, or where proper subject matter jurisdiction exists in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens. D. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. Solicitation # B160160/LKD Page 7 of 15 Template Revised 4/22/2016 E. Unless otherwise agreed in writing, the Vendor shall be required to continue all obligations under this Agreement during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings. XIV. VENDOR WARRANTY A. All products provided under this Agreement shall be new (unless specifically identified otherwise in Exhibit B) and of the most suitable grade for the purpose intended. B. If any product delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of the products or the specifications listed in this Agreement, the Vendor shall pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. In such case, the Vendor shall refund to the County any money which has been paid for same. XV. MISCELLANEOUS A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written, with respect to the subject matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. B. The Vendor shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the County, except that claims for the money due or to become due to the Vendor from the County under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the County. C. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Agreement or any applicable law. D. The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and those executing this Agreement have all requisite power and authority to bind the parties. E. Neither the County's review, approval or acceptance of, nor payment for, the products and services required under this Agreement shall be Solicitation # B160160/LKD Page 8 of 15 Template Revised 4/22/2016 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. F. If the Vendor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. G. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below: Vendor's Representative: County's Representative: Name:1IE50YlC l lrpe,J p Name: t, W R (A R_ 2 �M c, Title:Title: P-LAW-rnaaamnNs, M -,CP, ka-qap n aJ Address: Address: ftfopkL f 9.77(),3 610SCH 'KAr Telephone: 20v- 330 ' I 13 0 Telephone: "1 0543 41U, Facsimile: 2 p -5,24-qM Facsimile: N I A E-mail: Jabuh .6 614 ro eg er E - E -Mail: h6cuagosn-&) LoQ_ Ili Qcrn , 6,0 brisine"am H. Any change in the. County's or the Vendor's Representative will be promptly communicated by the party making the change. I. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. 1. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Agreement 2. County's Purchase Order 3. Formal Bid No. B160160/LKD Solicitation # 8160160/LKD Page 9 of 15 Template Revised 4/22/2016 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last below written. WITNESS: Signed By: - I Print Name: VVLWC.'w&1'Va�nW Hawkins, Inc. d/b/a Hawkins Water TreatrnentAoup, Inc. Signed Print Name: 6" Title, Wept — Date: $111 LEE COUNTY BOARD OF COUNTY COMMISSIONERS OF LEE CA"TY—FLORIDA 0 CHAIR TE: 7-011, �y A17EST: CLERK OF THE CIRCUIT (WjfT SEAL Linda Doggett, Clerk BY: 9&W41 -��/ ...' be,pj4-y C Jerk F -AMM, 0 A 0 MEMO Solicitation # 13160160/1 -KID Page 10 of 15 Template Revised 4/22/2016 EXHIBIT A SCOPE OF SERVICES 1. Bulk Hydrofluosilicic Acid 23%, including delivery, on an as -needed basis. A. Description Liquid, water white to straw yellow, with pungent odor. B. Physical Properties 1. Must be clean and free of visible suspended matter 2. Contain between 20% and 30% Hydrofluosilicic acid 3. Maximum dosage of 1.2 mg/L fluoride ion. C. Packaging Bulk; Packaging and shipping of all Hydrofluosilicic acid solutions shall conform to all applicable local, state, and federal, including US DOT, regulations and applicable interstate regulations. Unloading shall be through a 2" quick coupling fitting on the tank. Hoses for delivering from the tanker to the bulk tank shall be the responsibility of the awarded vendor. D. Delivery Locations Corkscrew Water Treatment Plant (WTP) 16101 Alico Road Ft. Myers, FL 33913 Olga WTP 1450 Werner Drive Alva, FL 33920 North Lee County WTP 18250 Durance Road North Fort Myers, FL 33917 Pinewoods WTP 11950 Corkscrew Rd. Estero, FL 33928 a. The County reserves the right to add or delete delivery sites at its discretion at anytime throughout the term of this Agreement. b. The Vendor's delivery driver must present a photo I.D. upon delivery. The I.D. must show that the driver is an employee of either the trucking company or the awarded vendor. All personnel making deliveries must wear the appropriate personal protective equipment Solicitation # B160160/LKD Page 11 of 15 Template Revised 4/22/2016 EXHIBIT A SCOPE OF SERVICES (PPE) as required by the Safety Data Sheet (SDS) for Hydrofluosilicic Acid 23%. Shipments will be Free on Board (FOB) Destination, and received between the hours of 8:00 AM and 4:00 PM, Monday through Friday, within five (5) working days after verbal receipt of the order from Lee County Utilities. d. Lee County Utilities reserves the right to refuse delivery if that delivery is not in the proper timeframe; the vendor has improper equipment to offload the delivery; and/or is taking improper safety precautions or has malfunctioning equipment. 2. The Vendor will provide, at no additional cost to the County, four (4) -hour training sessions twice each year that meet the federal and state safety and right -to -know training requirements. The education and instruction of the County's operations personnel shall be by a qualified instructor familiar with the safe handling practices associated with the chemical being discussed. a. The training sessions will be held in one central location in Lee County which will be determined by Lee County Utilities. The awarded suppliers will be responsible for travel, lodging, meals and training materials costs. Solicitation # B160160/LKD Page 12 of 15 Template Revised 4/22/2016 EXHIBIT B FEE SCHEDULE A. Bulk Hydrofluosilicic Acid 23%: $2.67 per gallon, including delivery a. There will be no minimum order requirement; the County may order any number of gallons from the Vendor on an as needed basis at any time. B. There will be no charge for the two (2) training sessions provided by the Vendor each year as provided in Exhibit A. Solicitation # B160160/LKD Page 13 of 15 Template Revised 4/22/2016 EXHIBIT C INSURANCE REQUIREMENTS HAZARDIOUS MATERIALS HAULERS 1. Minimum Insurance Requirements: Risk Management in no way represents that the insurance required is sufficient or adequate to protect the vendor's interest or liabilities, but are merely minimums. a. Workers' Compensation - Statutory benefits as defined by FS 440 encompassing all operations contemplated by this contract or agreement to apply to all owners, officers, and employees regardless of the number of employees. Individual employees may be exempted per State Law. Employers' liability will have minimum limits of: $500,000 per accident $500,000 disease limit $500,000 disease limit per employee b. Commercial General Liability - Coverage shall apply to premises and/or operations, products and/or completed operations, independent contractors, contractual liability, and broad form property damage exposures with minimum limits of: $1,000,000 bodily injury per person (Bl) $2,000,000 bodily injury per occurrence (BI) $1,000,000 property damage (PD) or $2,000,000 combined single limit (CSL) of BI and PD G. Business Auto Liability - The following Automobile Liability will be required and coverage shall apply to all owned, hired and non -owned vehicles use with minimum limits of: $1,000,000 bodily injury per person (BI) $2,000,000 bodily injury per occurrence (BI) $1,000,000 property damage (PD) or $2,000,000 combined single limit (CSL) of BI and PD d. Pollution Liability - Covering a transporter moving hazardous products or waste as cargo aboard the transporter's truck: $1,000,000 bodily injury / property damage/ cleanup, including wrongful delivery. Solicitation # 13160160/1 -KD Page 14 of 15 Template Revised 4/22/2016 EXHIBIT C INSURANCE REQUIREMENTS The required limit of liability shown in Insurance Requirements item: La, Lb; Lc; L d; may be provided in the form of "Excess" or "Commercial Umbrella Insurance Policies " In which case, a "Following Form Endorsement" will be required on the "Excess Insurance Policy" or "Commercial Umbrella Policy." 2. Verification of Coverage: a. Ten (10) days prior to the commencement of any work under the contract a certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for the following: "Lee County, a political subdivision and Charter County of the State of Florida, its agents, employees, and public officials cr will be named as an "Additional Insured" on the General Liability policies. 2. Lee County will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the Risk Manager (P.O. BOX 398 Ft. Myers, FL 33902). 3. Special Requirements: a. It is the responsibility of the general contractor to insure that all subcontractors comply with all insurance requirements. Solicitation # B160160/LKD Page 15 of 15 Template Revised 4/22/2016 Blue Sheet/Contract Tracking # 20160334 CONTRACT REVIEW CHECKLIST CONTRACT TYPE: Commodity SUBJECT: Project known as: B 16016OLKD Bulk Hydrofluosilicic Acid 23% Between Lee County and Hawkins, Inc. d/b/a Hawkins Water Treatment Group, Inc. Reference: Department Director approval: N/A County Administrator approval: N/A Reference: Board action approving contract/agreement Board Date: 06/21/2016 Agenda Item No.: 38 The subject contract is forwarded herewith for review and/or endorsements: (1) By the Director of. Routed by Procurement r- o Project Sponsoring Department, C'?_ Recommendation to execute Not recommending execution for the following reason(s): Date received: Signed: (2) By Procurement Management: Date returned/forwarded: X Recommending execution Not recommending execution for the following reason(s): Date received: 9/2016 r Date returned/forwarded: 08/01/2016 Signed: (3) By the Risk Management Recommending execution Not recommending execution for the following reason(s) Date received Signed: (4) By the County Attorney: Recommending execution Date returned/forwarded: Z Not recommending execution for the following reason(s) Date received: V : /- - Signed: (5) Board (6) Clerk's Office, Minutes Department (7) Procurement Management Date returned/forwarded: - �% (� a' F -3--!b Lori DeLoach (Ext 38858) w Page 1 of 1 Blue Sheet No. Lee County Board Of County Commissioners Pam Keyes Mary Tucker Lori Borman 20160334 Agenda Item Report Item No. 38 Doug Meurer Meeting Date:6/21/2016 County Manager TITLE: Approve award of invitation to Bid No. 6160160 Bulk Hydrofluosilicic Acid 23% to Hawkins Inc. ACTION REQUESTED: A) Approve award of Invitation to Bid No. B160160, Bulk Hydrofluosilicic Acid 23%, to Hawkins Inc. d/b/a Hawkins Water Treatment Group, for a period of one year, as approved in the department's adopted budget. B) Authorize the Chair to execute the contract documents. C) Authorize the Procurement Director to add or delete delivery locations as needed. D) Grant the Procurement Director the authority to negotiate renewals of this agreement for up to three additional one-year periods, under the same terms and conditions noted in the bid documents, if doing so is in the best interest of Lee County. E) Authorize the County Manager or designee to execute renewal contract documents as approved in the annual budget. FUNDING: These services are funded from the Enterprise Fund, and they are included in the LCU FY15/16 Operating Budget. The annual contract may be renewed for up to three additional one-year periods. Funds will be available each year from the Utilities Operating Budget. Funds: Lee County Utilities Water Treatment Plant Operating Funds; Chemical, Insecticide, Fertilizer. WHAT ACTION ACCOMPLISHES: Approves the award of Bid B-160160, to Hawkins Inc. for the purchase of 23% Hydrofluosilicic Acid on an as needed basis to be used for fluoridation of finished water at the County Water Treatment Plants. MANAGEMENT RECOMMENDATION: Approve. Re uirement/Purpose: (specify Request Initiated ❑ Statute Commissioner: ❑ Ordinance Department: UTILITIES ® Admin Code AC4-1 Division: No Divisions ❑ Other I By: Pam Keyes Background: On April 25, 2016, Procurement Management received sealed bids for Invitation to Bid No. B-160160 for the annual purchase of 23% Hydrofluosilicic Acid on behalf of the Lee County Utilities. On that date, three responses were received. The bids have been thoroughly reviewed, and a recommendation is being made to award to Hawkins Inc. as the low bidder meeting all specification requirements. The total bid amount is $66,750 based on an estimated annual usage of 25,000 gallons. This unit price for bulk Required Review: Pam Keyes Mary Tucker Lori Borman Mike Figueroa Peter Winton Corris L. McIntosh Jr. UTILITIES Purchasing Budget Analyst Risk Budget Services County Attomey Doug Meurer County Manager chemical is less than the prior contract amount resulting in a savings of $0.11 per gallon. 1. Solicitation 2. Vendor Bid 3. Opening Tab 4. Notice of Intended Decision Bid Action Detail by Document Number Detail by Document Number Foreign Profit Corporation HAWKINS WATER TREATMENT GROUP, INC. Filing Information Document Number F14000004437 FEII/EIN Number 41-0771293 Date Filed 10/20/2014 State MN Status ACTIVE Principal Address 2381 ROSEGATE ROSEVILLE, MN 55113 Mailing Address 2381 ROSEGATE ROSEVILLE, MN 55113 Registered Agent -Name & Address NATIONAL REGISTERED AGENTS, INC. 1206 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Officer/Director Detail Narne*& Address Title D MCKEON, JOHN 2381 ROSEGATE ROSEVILLE, IVIN 55113 Title D SKAAR,DARYL 2381 ROSEGATE ROSEVILLE, MN 55113 Title D JERGENSON,DUANE 2381 ROSEGATE ROSEVILLE, IVIN 55113 Page I of 2 htip:ll,q=ch.sunbiz.orgllnquirylCorporationSearchIScarchResultDetail?inqui-ryType--Docu... 3/1/2016 Detail by Document Number Title P HAWKINS, PATRICK 2381 ROSEGATE ROSEVILLE, MN 55113 Title V KELLER, THOMAS 2381 ROSEGATE ROSEVILLE, MN 65113 Title S ERSTAD,'RICHARD 2381 ROSEGATE ROSEVILLE, MN 55113 Annual Reports Report Year Filed Date 2015 01113/2015 Page 2 of 2 Document Images 01/13/2015 ANNUAL REPORT View image in PDF format 10/20/2014 Foreign Profit View image in PDF format UlMigh 0 and PrIvev Pollde State or Florida, Department of Stal http://search.sunbiz.orglInquitylCorporationSearchIScarchRes-LiltDetail?inquiryType=Docu.. 3/1/2016 2015 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F14000004437 Entity Name: HAWKINS WATER TREATMENT GROUP, INC. Current Principal Place of Business: 2381 ROSEGATE ROSEVILLE, MN 55113 Current Mailing Address: 2381 ROSEGATE ROSEVILLE, MN 55113 US FEI Number: 41.0771293 Name and Address of Current Registered Agent: NATIONAL REGISTERED AGENTS, INC. 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Jan 1.3, 2015 Secretary of State CC3953692274 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OfficerlDirector Detail : Title D Title D Name MCKEON, JOHN Name SKAAR, DARYL Address 2381 ROSEGATE Address 2381 ROSEGATE City -State -Zip; ROSEVILLE MN 55113 City -State -Zip; ROSEVILLE MN 55113 Title D Title P Name JERGENSOR DUANE Name HAWKINS, PATRICK Address 2381 ROSEGATE Address 2381 ROSEGATE City -State -Zip; ROSEVILLE MN 55113 City -State -Zip: ROSEVILLE MN 55113 Title V Title S Name KELLER, THOMAS Name ERSTAD,'RICHARD Address 2381 ROSEGATE Address 2381 ROSEGATE City -State -Zip: ROSEVILLE MN 55113 City -State -Zip: ROSEVILLE MN 55113 I hereby ceptry that the.lntomratlon lmtleated on this roport oraupplemental report is true and accurate and that my electronic aignatme shag have the same legat affect as N made under oath, that 1 am an officer or direator of pre corporation or the recolver or trustee empowered to execute this report as mquhed by chapter 607, Florida Statutes; and that mynama appears above, or on an attachment with all otharbWo ompowarod. SIGNATURE: RICHARD ERSTAD SECRETARY 01/13/2015 Electronic Signature of Signing Officer/Director Detail Date May 12, 2015 Ladies and Gentleman: M11 Hawkins, Inc. 2381 Rosegate Roseville, MN 55113 Phone: (612) 331-6910 Fax (612) 331-5304 As Vice President and General Counsel of Hawkins, Inc., I hereby authorize Jason Schroeder to sign any and all bid documents and related materials for and on behalf of Hawkins Inc. Sincerely, C�aAchard G. Erstad���� Vice President, General Counsel and Secretary An Aftwft Afto ® A�oRV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 6/28!2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 7225 Northland Dr N #300 Minneapolis MN 55428 CONTACT ME Michelle Hanson PHONE 763-746-8239 FAx E-MAIL ADDRESS, michelle.hanson@marshmma.com INSURERS AFFORDING COVERAGE NAIC If INSURER A: Steadfast Insurance Com 26387 9/30/2015 INSURED HAWKIINC INSURERB:Great Divide Insurance Company 25224 INSURERC:Nautilus 17370 Hawkins, Inc. INSURER D :AS en Speciality 10717 2381 Rosegate Roseville, MN 55113 INSURER E INSURER F : rnvcDArcc rcoTLCLrerc kutnnr:ca• 793393792 RFVIRION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR I SD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM DDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Q OCCUR GLP201280211 9/30/2015 9/30/2016 EACH OCCURRENCE $1,000,000 DAMAGE RENTED $1,000,000 MED EXP (Any one person $25,000 X Products Poli PERSONAL& ADV INJURY $110001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 POLICY JECT � LOC $ OTHER: B AUTOMOBILE LIABILITY BAP201278511 9/30/2015 9/30/2016 Ea accidCO ent IN LIMIT $1,000,000 BODILY INJURY (Per person) $ ANY AUTO INJURY (Per accident) $ AUTOS NED $CLITT SULEDBODILY AANON-OWNED HIRED AUTOS AUTOS 1XMcS_90 PR RTY DAMAGE $ Per accident $ X CA 9948 A UMBRELLA LIAR X OCCUR SXS655436806 9/30/2015 9/30/2016 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 _ X EXCESS UAB CLAIMS -MADE DED X I RETENTION$O $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA WCA201280111 9/30/2015 9/30/2016 X PER OTH- STAT UTE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C D Pollution Liability SSP201687910 EXAFVXW15 9/30/2015 9/30/2015 9/30/2018 9/30/2018 Total Limit 25,000,000 Occ 25,000,000 Agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This insurance is issued pursuant to the Minnesota surplus lines insurance act. The insurer is an eligible surplus lines insurer but is not otherwise licensed by the State of Minnesota. In case of insolvency, payment of claims is not guaranteed. Companies A, C, and D are subject to statutes and regulations of surplus lines carriers. Lee County, a political subdivision and Charter County of the State of Florida, its agents, employees, and public officials are included as See Attached... �.—u-i^A— ung neo CANCELLATION ATION a.crc r rn�.r� t c nvr.�.+cr� — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Lee County Procurement Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 398 ACCORDANCE WITH THE POLICY PROVISIONS. Fort Myers FL 33902 AUTHORIZEDREPRESENTATIVE U 1951)-ZU14 Ak;UKU UVKYVKAI IVN. H1i rryru5 rtssesr vczu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACO AGENCY CUSTOMER ID: HAWKIINC LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Marsh & McLennan Agency LLC Hawkins, Inc. 2381 Rosegate POLICY NUMBER Roseville, MN 55113 CARRIER FAICODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Additional Insured as required by written contract or agreement limited to the General Liability coverage. Per the cancellation clause contained in the policies noted on this certificate, the policy provisions include at least 30 days notice of cancellation except for non-payment of premium. RE: B16016OLKD Bulk Hydrofluosilicic Acid 23% ACORD 101 (2008/01) V Luuu m VKU k UKrvKH11VIV. nu nynw lv�wiva�. The ACORD name and logo are registered marks of ACORD 4 Lee Count ,S'oufhwel f CTF(O ya. BOARD OF COUNTY COMMISSIONERS April. 5, 2017 John E. Manning District One Mr, Jason Schroeder Celli L Pendergrass Hawkins Inc d/b/a Hawkins Water Treatment Group Inc. District TWO 2263 Clark Street Larry tuner Apopka, FL 32703 Dtsfrict Three Brian Hamman District Four Subject: Renewal of Annual Contract No. B16016OLIM Frank Mann Bulk Hydrofluosilic Acid 23% District Five RogerDeslarials Dear Mr. Schroeder: County Manager Wim' The above -referenced annual contract will expire on August 2, 2017 unless renewed. Lee CountyAttamay Coungltt County is requesting that this annual contract be renewed for an additional one year period Donna Made Collins (8/3/2417 — 8/2/2018). Therefore, y we are requesting that you choose one of the following Nearing Examiner options and return this letter to Lee County Procurement Managemen% Attn: Diana Khan, P.O. Box 398, Ft. Myers, FL 33902-0398, (Fax: 239485-8383 or email dkhan0-1eegov.coml, within 15 calendar days from receipt. Xa. I want to continue performing under this annual contract for an additional one year period under the same terms and conditions as agreed upon in the above -referenced quotation. As a condition of this renewal, the vendor agrees to provide Lee County ivith an updated insurance certificate upon expiration of the original certificate on f Ile with the County. b. I am not interested in extending this contract for an additional one-year period. Why? Vendor: 4aW V4n6, [t1e. rue �i5�i'1 ,�C,hrvede.!' =e� " Title I)a{e L e unty�A t -� : gnature of AfttKoumclOfficial Title —7r 96 — P.O. Box 398, Fart Myers, Florida 33902-0398 (239) 533-2111 tntemet address http:IAWAV.Iee-county.com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Hawkins Water Treatment Group, Inc. d/b/a Hawkins, Inc. Piggyback Contract (PBA -17/18-22) (Zephvrhills) The City of Sanford ("City") enters this "Piggyback" Contract with Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc., (hereinafter referred to as the "Vendor", whose address is 2381 Rosegate, Roseville, Minnesota 55113, whose Florida address is 2263 Clark Street, Apopka, Florida 32703, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. T City of Zephyrhills, Order" relating to referred to as the "ori (2). The original g endor has entered a contract with the ng identified as "Blanket Purchase icals, (said original contract being ment contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). 1 N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5000 (Extension 5421) and whose e-mail address is BILAL.IFTIKHAR@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal 0a fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall 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 agency. All delivery locations and the provision of services and the provisions of goods and supplies shall be as directed by the City. (h). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, PORTERC@SANFORDFL.GOV. (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this day of , 2017. SIGNATURE BLOCKS FOLLOW: 3 Attest: Printed name:dg�(kcVNt 4,�v7 Authorized Corporate Attesting Authority Attest. Cynth a Porter, City Clerk 0 Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc. By: 4�(c eder Pvit- 4 SE Regional Manager Date: /;? f a (r'i . 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O O' I P is - CL m�� 2 i2 0• o n W ° < o a "n o ct o » c o ^ $ A 2 n�' � w .7. �Rp' �• � m� v m w 3 N d d tyC — 3T 0.. m » _ ufDi ca m 3 d n d o W o• o ry N �_ -p.. � m Rr c� 3 7 II. N O N d ?? � p [D N O d` O$ :,:qC �<y N n a _ a � O O p 7• gm O. G N m o o v< n o o o x o s�CL D v �0 N a a h o_ o p 3 f° o a oa Q ".: �n H d p m r 0 m m C a C .3a Qo m O io ry d 24 n s £ v m rvg N v� n�o `c » m o . O m 2 m <SF www d d a �A N m Hawkins Water Treatment Group, Inc. d/b/a Hawkins, Inc. Piggyback Contract (PBA -17/18-22) (Palm Coast) The City of Sanford ("City") enters this "Piggyback" Contract with Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc., (hereinafter referred to as the "Vendor", whose address is 2381 Rosegate, Roseville, Minnesota 55113, whose Florida address is 2263 Clark Street, Apopka, Florida 32703, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the City of Palm Coast, said contract bei Coast Price Agreem contract being referred (2). The original reference and is ed as "Hawkins, Inc./City of Palm r chemicals, (said original ent contract"). nts are incorporated herein by contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). 1 N/A. (c). Any other provisions of the original government contract that will be modified: (state NIA if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5000 (Extension 5421) and whose e-mail address is BILAL.IFTIKHAR@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal 2 fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall 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 agency. All delivery locations and the provision of services and the provisions of goods and supplies shall be as directed by the City. (h). IF THE CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this day of , 2017. SIGNATURE BLOCKS FOLLOW: 3 Attest: Printed name: Authorized Corporate Attesting Authority Attest- Cynthfa Porter, City Clerk Hawkins Water Treatment Group, Inc., a Minnesota corporate entity, d/b/a Hawkins, Inc. By: Jose�k4Ghf-eeder SE Reqional Manaqer WN Cil By Jei Da Exhibit "A" [Attach original government contract] DocuSlgn Envelope ID: D8DDF98E-2A58-45EG-AB04-EA3D05C2C868 10-14� ,I VA Cl of 6 Administrative Services & Economic Development Central Services Division Mr. Chuck Pool R-F—RP-9 LnAaLV–aj&,vP-c Hawkins, Inc. 2263 Clark Street Apopka, Florida 32703 I Contract Name ITB -PW -U-16-14 Contract R-ererence 09/3012017 ContraR Ex-plration Dear Mr. Chuck Pool 160 Lake Avenue Palm Coast, FL 32164 386-986-3730 The City of Palm Coast, Florida requests to renew your company's above referenced contract at the same original terms and conditions for one (1) year until 09/30/2018 If agreed, please indicate approval by electronically signing below. All invoices should be sent to the Accounts Payable Department, City of Palm Coast, 160 Lake Avenue, Palm Coast, Florida 32164, or to ag@palmcoagjg2v-.cOm. Likewise, legal notices should be sent to the attention of the City Manager at the same address. If you should have any questions, please don't hesitate to contact me at the email address below. Sincerely, ED*OOV-d gE W. Rose Conceicao F Wifror-M rconceicao@paimcoastgov.com 41k to please recycle paimcoastgov.cora DocuSign Envelope ID: D8DDF98E-2A58-45E0-AB04-EA3D05C2C868 = Price Agreement for Water and Wastewater Chemicals Ccintract Name ITB -PW -U-16-14 C-ontractReference CITY OF PALM COAST Docuftned by: Signature Print Name Date tuornpany) Docuffigned by. Signature TITTY10= Print Name Jun 28, 2017 11045 AM EDT Date DocuSign Envelope ID: D8DDF9$E-2A58-45E0-AB04-EA3D05C2C868 CONTRACT EXECUTIVE OVERVIEW (Amendment/Renewal) Vendor Name Hawkins, Inc. -roject Name: Price Agreement for Water and Wastewater Chemicals Bid/Reference # ITB -PW -U-16-14 Contract Type. Price Agreement Amendment/Ronewal:—Renewal #1 Original Contract Date: 10/26/2016 to 09/30/2017 City's Project Manager Jim Hogan City Council Approval Date: 10/4/2016 --A Vendor will provide Corrosion Inhibitor and Sulfuric Acid (50%) for the City for the Water and Wastewater Departments. Approvals: '—ft"awmbr. Responsible Dept. Director 4A~ City Finance 291�� Wg� Date:- Jun28 2017 110:46 AM 4, HAWKINS, INC./CITY OF PALM COAST PRICE AGREEMENT rHIS AGREEMENT made and entered into theqbA day of between Hawkins, Inc., whose address is 2263 Clark Street, Apopka, Florida 32703, hereinafter referred to as "CONTRACTOR" and the City of Palm Coast, a municipal corporation of the State of Florida, whose address is 160 Lake Avenue, Palm Coast, Florida 32164, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY desires to procure goods from a competent and qualified CONTRACTOR providing Corrosion Inhibitor and Sulfuric Acid (50%) for the CITY; and WHEREAS, the CITY has requested and received bids/quotes for the goods to bffz 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: furnish corrosion inhibitor and sulfuric acid (50%) 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. This Agreement shall take effect on the date of its execution by the CITY and shall terminate on September 30, 2017. Following the initial term and at the sole option of the CITY, the Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement shall have no effect upon purchase orders issued pursuant to this Page 1 of 16 Agreement and prior 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. 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 required 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 during 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 tK� be issued hereunder. TECTION 5. COMPENSATION. The CITY agrees to compensate the table attached as Exhibit "B." 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 "B." (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 shall render to CITY, at the close of each calendar month, an itemized invoice properly Page 2 of 16 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: City of Palm Coast Finance Department 160 Lake Avenue Palm Coast, Florida 32164 apapaimcoastgov.corn (d) Payment shall be made after review and approval by CITY within thirty (30) !1 11 14A. M Wz RM WE V Mo 111111111111�17 � M� =6 (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. (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. Page 3 of 16 (d) In the event any auditor 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. VT - 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 I :-IM 1 0 7111 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 because of 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 (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 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, Page 4 of 16 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 or transfer; recruitment 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 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 Page 5 of 16 right to terminate this Agreement at its sole discretion, without liablity 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 112, 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 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 claims, 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 im-MERM 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. (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, Commercial 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 the Certificate, the CONTRACTOR shall, at the option of the CITY submit a swom, notarized statement from an authoized 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 the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsilbility 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: (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. Page 8 of 16 13 11 (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: (1) Workers' Compensation/Employer'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. Page 9 of 16 (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 $500,000.00 (Each Accident) $500,000.00 (Disease -Each Employee) $500,000.00 (Disease -Policy Limit) (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 (ISO Form CG 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. (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: General Aggregate Personal & Advertising Injury Limit Each Occurrence Limit (3) Business Auto Policy. Irmw $Two (2) Times the Each Occurrence Limit $1,000,000.00 $1,000,000.00 (A) The CONTRACTOR's insurance shall cover the CONTRACTOR for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements. Coverage shall include owned, non -owned and hired autos. Page 10 of 16 (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, the CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by the CONTRACTOR shall be a minimum of three (3) times the per accident limit required and shall apply separately to each policy year or part thereof. Policy shall be: (C) The minimum amount of coverage under the Business Auto LIMITS Each Occurrence Bodily Injury and $1,000,000.00 Property Damage Liability Combined (4) COVERAGE. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary basis and any other insurance or self-insurance maintained by the CITY or the CITY's officials, officers, or employees shall be in excess of and not contributing with the insurance provided by or on behalf of the CONTRACTOR. (5) OCCURRENCE BASIS. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims -made basis. (6) OBLIGATIONS. Compliance with the foregoing insurance requirements shall not relieve the CONTRACTOR, its employees or agents of liability from any obligation under a Section or any other portions of this Agreement. It shall also be the responsibility of the CONTRACTOR to ensure that all of its subcontractors performing services under this Agreement are in compliance with the insurance requirements of this Agreement as defined above. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust conflict resolution procedures as reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. Page 11 of 16 17 (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 in the dispute resolution procedures set forth in subsection (a) this Section of which the CONTRACTOR had knowledge and failed to present during the dispute resolution procedures. (c) In the event that dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise their best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually reasonably imposed by the CITY. The costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 11=1111 III! IC : MEOW I (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The CITY, upon request by the CONTRACTOR, shall designate in writing and shall advise the CONTRACTOR in writing of one (1) or more of its employees to whom all communications pertaining to the day-to-day conduct of this 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 Page 12 of 16 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. 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. the performance of 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. 1 ilipi iiiiiijillillillilillll�ilillill�illillillill��lI I 1 11111 1111 l�: 11; 1:1 1 30�=Zma= CONTRACTOR not specifically provided for herein or not ordered by the CITY shall be honored by the CITY. that this Agreement is subject to the laws of the state of Florida, including without limitation Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the parties. If CONTRACTOR is either a "contractor, as defined in Section 119.0701(1)(a), Florida Statutes, or an "agency" as defined in Section 119.011(2), Florida Statutes, CONTRACTOR shall: Page 13 of 16 2i H 1 . Keep and maintain all public records required by the CITY to perform the services herein; and 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law; and 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement Term and following completion of the Agreement if CONTRACTOR does not transfer the records to the CITY; and 4. Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the services herein. If the CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format compatible with the information technology systems of the CITY. All requests to inspect or copy public records relating to the Agreement shall be made directly to the CITY. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with the requirements of this paragraph shall result in the immediate termination of the Agreement, without penalty to the CITY. A CONTRACTOR who fails to provide the public records to the CITY within a reasonable time may be subject to penalties pursuant to Section 119.10, F.S. Further, the CONTRACTOR shall fully indemnify and hold harmless the CITY, its officers, agents and employees from any liability Page 14 of 16 and/or damages, including attorney's fees through any appeals, resulting from the CONTRACTOR's failure to comply with these requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATIOR OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS, ATTN: VIRGINIA SMITH, CITY CLERK, AT 386-986-3713, VSMITH@PALMCOASTGOV.COM, 160 LAKE AVENUE, PALM COAST, FLORIDA 32164. ti - MY IMMI 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 to 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: The City Manager City of Palm Coast 160 Lake Avenue Palm Coast, Florida 32164 Page 15 of 16 2 Jason Schroeder S.E. Regional Manager 2263 Clark Street Apopka, Florida 32703 800 330-1369 13 Jill I11111 jifl� ; lf"� � :!�l provided for under this Agreement, are in addition and supplemental to any other rights IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by the CITY. A TTESTIWI TNESS: 3, By: Date: I(, Virgi@a Smith, City Clerk Date: By: 4 Q'-1 '--' — Auth(Vized Corporate Officer Date: 10liq By: P'(Landon, ity Mar 7ger Date: Approved by (initial Ad' ddate) ': f ' fl /v �'Q�pohsibl'&'', bppartm$nt,Director it 1� 1f t, C,ity Finaqcp City Attorney ' —1r) pntral � 26rvlbe'§' Page 16 of 16 City Contract Number: ITB -PW -U-16-14 Name of Bidder: Mailing Address: m�Ipxk Street Address: k.-- City/State/Zip: kir FL ;? Phone Number: { ) 336-136q FAX Number: ( ) 6,Q4-- q3 C ia 5 On ( o Pursuant to and in compliance with the Invitation To Bid, Instructions to Bidders, and the other documents relating thereto, the undersigned Bidder, having familiarized themselves with the terms of the Contract Documents, local conditions affecting the performance of the Work, and the cost of the Work at the places where the Work is to be done, hereby proposes and agrees to deliver materials/services in a workmanlike manner and in strict conformity with Contract Documents, including Addenda Nos. through (which must be turned in with the bid), on file at the Purchasing & Contract Management Division for the amount hereinafter set forth. Prices shall include all applicable taxes. The undersigned, as Bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any person, firm or corporation; and he/she proposes and agrees, if the bid is accepted, that he/she will execute an Agreement with the City in the form set forth in the Contract Documents and that he/she will furnish Insurance Certificates. IN WITNESS WHEREOF, Bidder has hereunto executed this form this b day of 20 IL ,Aim Ine— bre... 4 _ of Bidding Firm) of person signing form) 1j€6 Yfl (Printed name of person signing form) ..c ke r (Title of perMn signing form) • BID FORM - REVISED - PER ADDENDUM #I The undersigned, as bidder, hereby declares that he/she has carefully examined the specifications for the ANNUAL Si WATER AND WASTEWATER and agrees to furnish the same, as specified, in accordance with the terms and Estimated quantities are for bidding purposes only and do not guarantee the quantities that will be purchased a constitutes the offer in its entirety and includes only those exceptions indicated on the Bid. Form. No further ch conditions, and response to this bid will be offered or accepted. The undersigned further states that this/these pr® point of use to the specified Governmental Entity. 5471,1�A"An"Ok JA Item Description Uni 1 AMMONIUM SULFATE - approx. 7,000 gallons 2 COROSION INHIBITOR - approx 1,000 - 3,000 gallons 3 HIGH CALCIUM BULK QUICKLIME - approx. 900 - 1,400 tons 4 ILIOUID ALUMINUM SULFATE - a rox. 30,000 gallons CITY OF HOLLY HILL Item Descri tion Uni 11 AMMONIA -TANNER, ANHYDROUS AMMONIA METALLURGICAL GRADE- a prox. 3,022_Lou, 12 LIQUID ALUMINUM SULFATE - approx. 190 tons 13 LIQUID CHLORINE (one -ton cylinders) - a rox. 52 tons 14 LIQUID SULFUR DIOXIDE (one -ton cylinders) - approx. 20 tons 15 LIQUID CARBON DIOXIDE - approx. 44 tons 16 HIGH CALCIUM BULK QUICKLIME - a rox. 320 tons 17 23% HYDROFLUOSILICIC ACID (HFS) -approx. 2,500 allons 18 1 SOLID ANIONIC POLYMER - approx. 600 - 1,000Pounds 1 CITY OF OVIEDO Item Description uIld 19 AMMONIA HYDROXIDE 19% bulk - approx. 14,400 gallons 20 CARBONIC DIOXIDE (LIQUID CO2) - app rox. 480,000 pounds 21 FLUORIDE 23% - approx. 8,400 gallons 22 SODIUM HYDROXIDE 50% - approx. 54,500 gallons 23 SODIUM HYPOCHLORITE 12.5% (10% by wei t = 12.5% by trade) - prox. 280,000 gallons 24 SULFURIC ACID SPECIFICATION (93%) - approx. 8,400 gallons CITY OF PALM COAST Item Description Uni 25 AMMONIUM SULFATE SOLUTION - a rox. 30,000 Eallons 26 CO ' i3I01 BTC3R (Pol oro hips hate 70130blend) - app rox, 1,000 'allons 27 LIQUID POLYMER - approx. 30 - 38 totes (2,300 lbs. per tote 28 SODIUM HYPOCHLORITE - approx. 450,000 gallons 29 ALUMINUM CHLORHYDRATE - approx. 130,000 lbs. 30 SULFURIC ACID (93%) - ap2rox. 1,000 gallons 31 SULFURIC ACI3 (50% - a. rox. 7;100 allons' 32 SCALE INHIBITOR - a rox. 4,500 gallons 33 SODIUM HYDROXIDE 25%) --approx. 500 wet tons SEEM CITY OF ST. AUGUSTINE Item Description Uxai 34 ANYDROUS AMMONIA - approx. 3,500 lbs. 35 ANTISCALANT - approx. 275. per tote 36 CALCIUM HYPOCHLORITE (HTH) - a rox. 2,000 lbs. 37 CARBON DIOXIDE - approx. 4,000 lbs. 38 ORTHOPHOSPAHTE - approx. 275 gals (per tote) 39 QUICKLIME GRANULAR - approx. 20 tons 40 SODIUM HYDROXIDE - a rox. 625 wet tons. 41 SODIUM HYPOCHLORITE - approx. 5,000 gals 42 SULFURIC ACID - a rox. 4,500 gals DocuStgn Envelope ID: DBDDF98E-2A58-45E0-AB04-EA3D05C2C868 acityy 0 LM 140 m'( -,OAST Administrative Services & Economic Development Central Services Division 06/27/2017 Mr. Chuck Pool S.E. Regional Manager Hawkins, Inc. 2263 Clark Street Apopka, Florida 32703 RE: Letter Authorizing Contract Renewal pille qJI! I contract Name ITB -PW -U-16-14 Contmct Re erence 09/30/2017 Contfut Expiniflon Dear Mr. Chuck Pool I 160 Lake Avenue Palm Coast, FL 32164 386-986-3730 The City of Palm Coast, Florida requests to renew your company's above referenced contract at the same original terms and conditions for one (1) year until 09/30/2018 If agreed, please Indicate approval by electronically signing below. All invoices should be sent to the Accounts Payable Department, City of Palm Coast, 160 Lake Avenue, Palm Coast, Florida 32164, or to aP@paImcoa§Lq9-v-,c—Om- Likewise, legal notices should be sent to the attention of the City Manager at the same address. If you should have any questions, please don't hesitate to contact me at the email address below. Sincerely, uSigned b)r Rose Conceicao Risk Management & Contract Coordinator rconceicao@palmcO8stg0v.cOm M& W palnicoastgov-com please retiyde Docuftn Envelope ID: D8DDF98E-2A5845EO-AB04-EA3D05C2C868 Letter Authorizing Contract Renewal Price Agreement for Water and Wastewater Chemicals contma Nsone ITS -PW -U-16-14 an-tffiot Reftrenco CITY OF PALM COAST Doruftr,W by: Signature ' Jim Landon Print Name Jun 29, 2017 19:53. AM EDT Date Hawkins, Inc. tuompany) �IZZ Adbr.V*�U"Sml S16haturie, Marcia Stivanson Print Name Jun 28, 2017 110:45 AM EDT Date DoruSign Envelope ID: D8DDF98E-2A5"5E0-AB04-EA3D05C2C868 CONTRACT EXECUTIVE OVERVIEW (Amendment/Renewal) Vendor Name Hawkins, Inc. Project Name: Price Agreement for Water and Wastewater Chemicals Bid/Reference #--ITB-PW-U-16-14 Contract Type: Price Agreement Amendment/Renewal: Renewal #1 Original Contract Date: 10/26/2016 to 09/30/2017 Amendment Value $ NIA - Renewal Resolution # 2016-99 City Council Approval Date- 1014/2016 City's Project Manager Jim Hogan Brief Description/Purpose: Vendor will provide Corrosion Inhibitor and Suffude Acid (50%) for the City for the Water and Wastewater Departments, Al2provals: Responsible Dept. Director City Finance City Attorney ASED Directo City Manager Date: Jun 28, 2017 110:50 AM Date: Jun 28, 2017110:50 AM Date: Jun 28, 2017 - 10:46 AM Date: Jun 28, 2017 11:49 AM Date: Jun 29.2017_l 9:53 AM I