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2296 PBA 20/21-13 Supply and Delivery of Hydrofluosilicic Acid - piggybank w/HawkinsTO: City Clerk/Mayor RE: PBA 20/21-13 Supply and Delivery of Hydrofluosilicic Acid - Hawkins The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order F-1 Mayor's signature ❑ Final Plat (original mylars) R Recording ❑ Letter of Credit F-1 Rendering F-1 Maintenance Bond Z Safe keeping (Vault) R Ordinance R Deputy City Manager F-1 Performance Bond F-1 Payment Bond ❑ Resolution ❑ City Manager Signature City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions I i,� r3oja4�z4e,v- From SharePoint Finance Purchasin- Fornis - 2018.doc 1141202-1 Date Hawkins Water Treatment Group, Inc. Piggyback Contract (PBA 20/21-13) (Supply And Delivery Of Hydrofluosilicic Acid) The City of Sanford ("C4") enters this "Piggyback" Contract with Hawkins Water Treatment Group, Inc., a Minnesota corporation (hereinafter referred to as the "Vendor"), whose principal and mailing address is 2381 Rosegate, Roseville, Minnesota 55113, under the terms and conditions hereinafter provided. The City and the Vendor agree as (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 term contract with the government of the Tohopekaliga Water Authority, Florida, said contract being identified as "lFB 19-063 - Agreement - Supply & Delivery Of Hydrofluoslicic Acid" relating to the procurement of hydrofluosilicic acid and related goods and services, as may have been amended, in order for the Vendor to provide goods and services relating to the City's need for hydrofluosilicic acid and related goods and services (said original contract being referred to as the "original government contract" which is based upon procurement activity conditions). (2). The original government contract documents are incorporated herein by reference and 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; provided, however, that the City will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. 11 P a g e (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). Same insurance requirements with the City being the beneficiary of the coverages required. (c). Notwithstanding anything in the original government contract to the contrary, the City's terms and conditions relating to the issuance of purchase orders or work orders, or referenced in such documents, shall prevail over any inconsistent provisions of the original government contract. (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, City Hall, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Madsol Ordofiez, Purchasing Manager, Finance -Purchasing Division, City Hall, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5028 and whose e-mail address is Marisol.ordonez@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 2 1 P a g e 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 fees with respect to any dispute resolution, including litigation. (g). Notwithstanding any other provision in the original government contract to the contrary, the Vendor shall provide the City with most favored nation pricing. (h). 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. (i). Public Records Requirements. (1). 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) 688-6012$ 3 P a g e TRACI HOUCHIN, IRWRIMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 327711 TRACI.HOUCHIN@SANFORDFL.GOV. (11), In order to comply with Section 119.0701, Florida Statutes, public records laws, the Vendor must: (A). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (B). Provide the public with access to public records on the same terms and conditions that the City 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. (C). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of this Contract 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 City in a format that is compatible with the information technology systems of the City. 41 Page (111). If the Vendor does not comply with a public records request, the City shall enforce the provisions of this Contract in accordance with the terms and conditions of this Contract. (IV). Failure by the Vendor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Vendor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. 6). 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.on the last date of a signatory hereto as set forth below. SIGNATURE BLOCKS FOLLOW: 5 1 P a g e Witnesses: Pchard Erstad Secretary, Vice President Attest: C -W *6D Traci HUchin CityClerk, I MMC, FCR6 ( , /-I,I rb -PI-C Approved as to form and legal sufficiency. �qa m o Wert City V � Hawkins Water Treatment Group, Inc., a Minnesota corporation. By: Patrick Hawkins President, CEO, Director Date: 1211111� Exhibit "A" [Attach original government contract documents] 7 1 P a g e IFB-19-063 AGREEMENT SUPPLY & DELIVERY OF HYDROFLUOSILICIC ACED THIS AGREEMENT is made and entered between Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 (hereinafter referred to as the "AUTHORITY" or "TWA') and HAWKINS, INC., D/B/A HAWKINTS WATER TREATMENT GROUP, INC., 23 81 Rosegatc, Roseville, Minnesota 55113 (hereinafter referred to as the "CONTRACTOR"). WITNESSET11. WHEREAS, the AUTHORITY has competitively solicited for the supply and delivery of hydrofluosilicic acid (23%) pursuant to rrB- 19-063; and WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable of providing the required services; and WHEREAS, the pat -ties hereto have agreed to the terms and conditions cited herein based on said solicitation; NOW, THEREFORE, in consideration of the mutual covenants, tern -is, and provisions contained herein, the parties agree as follows: IP The term of this Agreement shall become effective on May 27, 2019 and continue through May 26, 2022. The contract may be renewed, subject to written notice of agreement, for one (1) additional two (2) year period. SECTION 2. SCOPE OF SERVICES. The Contractor shall provide services and accessories listed in Exhibit 'A,' which is attached hereto and incorporated herein. Obligations of the CONTRACTOR shall include, but .not be limited to, the following: A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any and all other items or services, of any type whatsoever, which are necessary to fully cornplete and deliver the services requested by the AUTHORITY, and shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, the AUTHORITY, or any property owned by the AUTHORITY. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment expected by virtue of this Agreement. B. The CONTRACTOR will ensure that all of its employees, agents, sub -contractors, representatives, volunteers, and the like, fully comply with all of the terms and conditions set herein, when providing services for the AUTHORITY in accordance herewith. C. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work set forth in the Scope of Services. D. The CONTRACTOR shall maintain an adequate and competent staff, and remain authorized to do business within the State of Florida. The CONTRACTOR may subcontract the services requested by the AUTHORITY, with prior written approval from AUTHORITY; however, the CONTRACTOR is fully responsible for the satisfactory completion of all subcontracted work. SECTION 4. STANDARD OF CARE. A. The CONTRACTOR has represented to the AUTHORITY that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the services to be provided. By executing this Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of care, knowledge, skill, and ability as any other similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The CONTRACTOR shall perform the services requested in an efficient manner, consistent with the AUTHORITY's stated scope of services and industry standards. B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub- contractors, representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated above. SECTION S. CONMENSATION. A. The amount to be paid tinder this Agreement shall be in accordance with the unit prices listed in Exhibit 'A,' attached herein, and shall not exceed $240,000 for the initial three-year term of the agreement. B. Compensation for services completed by the CONTRACTOR will be paid in accordance with section 218.70, Florida Statutes, Florida's Prompt Payment Act. C. Services to be performed in accordance with this Agreement are subjeu to the annual appropriation of funds by the AUTHORITY. In its sole discretion, the AUTHORITY reserves the right to forego use of the CONTRACTOR for any project which may fall within the Scope of Services listed herein. In the event the AUTHORITY is not satisfied with the services provided by the CONTRACTOR, the AUTHORITY will hold any amounts due until such time as the CONTRACTOR has appropriately addressed the problem. SECTION 6. TERMINATION. The AUTHORITY may terminate this Agreement, with or without cause, given thirty (30) days written notice to CONTRACTOR prior to the effective date of such cancellation. SECTION 7. TERMINATION FOR CAUSE. The AUTHORITY may terminate this Agreement, without further obligation, upon written notice to the CONTRACTOR if the CON`IRACTOR breaches any material term of the Agreement and such breach remains uncured for thirty (30) days after receipt of said notice. SECTION 8. PAYMENT WHEN SERVICES ARE TERMINATED. A. In the event of termination of this Agreement by the AUTHORITY, and not due to the fault of the CONTRACTOR, the AUTHORITY shall compensate the CONTRACTOR for all authorized services performed prior to the effective date of termination. B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the written request of the CONTRACTOR, the AUTHORITY shall compensate the CONTRACTOR for all authorized services completed, prior to the effective date of termination, which have resulted in a usable product or otherwise tangible benefit to the AUTHORITY. All such payments shall be subject to an off -set for any damages incurred by the AUTHORITY resulting from any delay occasioned by early termination. This provision shall in no way be construed as the sole remedy available to the AUTHORITY in the event of breach by the CONTRACTOR. SECTION 9. INSURANCE. A. The CONTRACTOR shall maintain the following types of insurance, with the respective limits, and shall provide proof of same to the AUTHORITY, in the form of a Certificate of Insurance prior to the start of any work hereunder: I. Worker's Compensation: The CONTRACTOR shall provide Worker's Compensation coverage for all employees at the site location and in the case any work is subcontracted, shall require the subcontractor to provide Worker's Compensation for all its employees. The limits shall be statutory for Worker's Compensation and $1,000,000.00 for Employer's Liability. 2. Coml2rehensive General Liability: The CONTRACTOR shall provide for all operations including, but not limited to Contractual and Products Completed Operations. The limits shall not be less than $1,000,000.00. Comprehensive Automobile Liability: The CONTRACTOR shall provide coverage for all owned and non -owned vehicles for limits not less than $1,000,000.00, 4. Umbrella Liability: The CONTRACTOR shall provide an umbrella policy in excess to the coverage's provided for in the above paragraphs of not less than $1,000,000.00. B. The CONTRACTOR shall name "Toho Water Authority'* as a certificate holder and as additional insured, to the extent of the services to be provided hereunder, on all required insurance policies, and provide the AUTHORITY with proof of same. C. The CONTRACTOR, and any authorized sub-contractor(s), shall provide the AUTHORITY's Procurement Services with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: I - The name of the insured CONTRACTOR; 2. The specified job by name and job number; 3. The name of the insurer; 4. The number of the policy; 5. The effective date; 6. The termination date; 7. A statement that the insurer will mail notice to the AUTHORITY at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy, D. Receipt of certificates or other documentation of insurance or policies or copies of policies by the AUTHORITY, or by any of its representatives, wbicli indicates less coverage than is required, does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements specified herein. E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, maintain the same insurance requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request by the AUTHORITY SECTION 10. AUTHORITY OBLIGATIONS. At the CONTRACTOR's request, the AUTHORITY agrees to provide, at no cost, all pertinent information known to be available to the AUTHORITY to assist the CONTRACTOR in providing and performing the required services. SECTION 11. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT. The following documents are hereby incorporated and made part of this Agreement: Exhibit A — Solicitation document and CONTRACTOR'S response for IFB- 19-063 In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibit "A", the provisions of the Agreement shall take precedence. SECTION 12. APPLICABLE LAW, VENUE, JURY TRIAL. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie In Osceola County, Florida. The parties hereby waive their- right to trial by jury in any action, proceeding or claim, arising out of this Agreetuent, which may be brought by either of the parties hereto. In all respects, this Agreement is governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law rules thereof that may direct the ,application of the laws of another jurisdiction. 6131KNO V I A. If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this Agreement, contact the custodian of public records at the following, Records Retention 951 lklartin Luther King Blvd. Kissimmee, Florida 34741 (407) 483-3822 1).ublicrecordsre(luests(ii.,tohowater.com B. The CONTRACTOR understands that by virtue of this Agreement all of its documents, records and materials of any kind, relating to the relationship created hereby, shall be open to the public for inspection m accordance with Florida law. If CONTRACTOR shall act on behalf of the AUTHORITY, as provided under section 119.011(2), Florida Statutes, as amended, the CONTRACTOR, subject to the terms of section 287.058(1) (c), Florida Statutes, as amended, and any other applicable legal and equitable remedies, shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the AUTHORITY in order to perform the service; and 2) Provide the public with access to public records on the same terms and conditions that the AUTHORITY would provide the records and at a cost that does not exceed the cost provided by Florida 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; and 4) Meet all requirements for retaining public records and transfer, at no cost, to the AUTHORITY all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. All records stored electronically must be provided to the AUTHORITY in a format that is compatible with the information technology systems of the AUTHORITY; and 5) If the CONTRACTOR does not comply with a public records request, the AUTHORITY shall enforce the contract provisions in accordance with the Agreement. SECTION 14. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the CONTRACTOR, its employees, sub -contractors, representatives, volunteers, and the like, will be an independent contractor and not an employee of the AUTHORITY for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida workers' compensation laws, the State of Florida unemployment insurance laws, and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute discretion in the Judgment of the manner and means of carrying out the CONTRACTOR*s activities and responsibilities hereunder. SECTION 15. APPLICABLE LICENSING. The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully providing the services set forth herein. 6 The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations oftederal, state, AUTHORITY, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at, any time following the execution of this Agreement. SECTION 17. INDEMNIFTCATION The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses incurred, by the AUTHORITY, caused by the acts and/or omissions of the CONTRACTOR, or any of its, employees, agents, sub -contractors, representative.,;, volunteers, or the like. The CONTRACTOR agrees to indemnify, defend and hold the AUTHORITY harmless for any and all claims, suits, judgments or damages, losses and expenses, Including but not limited to, court costs, expert witnesses, consultation set -vices and attorney's fees, arising from any and all acts and/or omissions of the CONTIZACTOR, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. Said indenmification, defense, and hold harmless actions shall not be limited by any insurance amounts required hereunder. SECTION 18. SOVERE IGNTIMMUNITY. The AUTHORITY expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. NotAvithstanding anything, set forth in any section, article or paragraph of this Agreement to the contrary, nothing in this Agreement shall. be deemed as a -waiver of sovereign immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of AUTHORITY for damages, attorney fees and costs, regardless of the Durriber or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Agreement shall inure to ure to the benefit of any thirdimi-ty for the purpose of allowing any claim against the AUTHORITY which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. SECTION 19, BANKIZUPTCY OR INSOINENCY. . ..... .... If the CONTRACTOR shall file a Petition in Bankruptcy, or if the same shall be adjudged bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall be appointed in any proceeding brought by or against the CONTRACTOR, or if the CONTRACTOR shall make an assignment for the benefit of creditors, or proceedings shall be commenced on or against the CON MACTOR's operations of the premises, the AUTHORITY may terminate this Agreement immediately notwithstanding the notice requirements of Section, 6 hereof. SECTION 20. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs. . personal representatives, successors, and/or assigns. SECTION 21. ASSIGNMENT. This Agreement shall only be assignable by the CONTRACTOR upon the express written consent of the AUTHORITY. SECTION 22. SEVERABILITY. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. SECTION 23. WAIVER. Failure of the parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, condition, or right of election, but same shall remain in full force and effect. SECTION 24. NOTICE. The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to the AUTHORITY and the CONTRACTOR. All notices required and/or made pursuant to this Agreement to be given to the AUTHORITY and the CONTRACTOR shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record: AUTHORITY: Toho Water Authority Attention: Procurement Services (Warehouse) 1628 S. John Young Parkway Kissimmee, Florida 34741 CONTRACTOR: Hawkins Water Treatment Group, Inc. 2263 Clark Street Apopka, Florida 32703 SECTION 25. MODIFICATION The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument, mutually accepted by the parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 26. READINGS. All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained in such sections, exhibits, and attachments. SECTION 27. ADMINISTRATIVE PROVISIONS In the event the AUTHORITY issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for the AUTHORITY's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 28. CONFLICT OF INTEREST. The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Paragraph, the AUTHORITY shall have the right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 6 hereof. SECTION 29. PUBLIC ENTITY CRIMES. As required by section 287,133, Florida Statutes, the CONTRACTOR warrants that it is not on the convicted contractor list for a public entity crime committed within the past thirty six (36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor contract with, any supplier, sub -contractor, or consultant in connection with this Agreement for a period of thirty six (36) months from the date of being placed on the convicted contractor list. SECTION 30. EMPLOYMENT ELIGIBILITY VERIFICATION X -VERIFY In accordance with State of Florida, Office of the Governor, Executive Order I1-116 (superseding Executive Order 11-0.2; Verification. of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the Employment Eligibility Verification Program ("E -Verify F.,Dgram") developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52,222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E -Verify Program, (2) use E -Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to the Agreement; (3) use E -Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) 'include these requirement in certain subcontract, such as construction. Information on registration for and use of the E -Verify Program can be obtained via the internet at the Department of Homeland Security Web site: httl)://www. hs.goy/E-Verif Y. SECTION 31. JOINT AUTHORSHIP This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the parties hereto. SECTION 32. E0 UAL OPPORTUNITY EMPLOYER ---------- --- The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The CONTRACTOR will further ensure that all sub -contractors it utilizes in providing the services required hereunder will comply with all equal opportunity employment laws. SECTION 33. AUDITING, RECORDS, AND INSPECTION In the performance of this Agreement, the CONTRACTOR shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Throughout the term of this Agreement, books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the AUTHORITY, and shall be retained by the CONTRACTOR for a period of three years after termination or completion of the Agreement, or until the full Authority audit is complete, whichever comes first. The AUTHORITY shall retain the right to audit the books during the three-year retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. The AUTHORITY also has the right to conduct an audit within sixty (60) days from the effective date of this Agreement to determine whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction of the AUTHORITY. The AUTHORITY has the right to terminate this Agreement based upon its findings in this audit without regard to the termination provision set forth herein. SECTION 34. PROJECT MANAGERS The AUTHORITY and the CONTRACTOR have identified individuals as Project Managers, listed below, who shall have the responsibility for managing the work performed under this Agreement. The person or individual identified by the CONTRACTOR to serve as its Project Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by the AUTHORITY. If the AUTHORITY or CONTRACTOR replace their current Project Manager with another individual, an amendment to this agreement shall not be required. The AUTHORITY will notify the CONTRACTOR, in writing, if the current AUTHORITY Project Manager is replaced by another individual. A. The AUTHORITY Project Manager's contact information is as follows: Robert Newberry, Supervisor Treatment Operations Department Toho Water Authority 951 Martin Luther King Blvd. Kissimmee, Florida 34741 10 Phone: (407) 483-3826 Mobile: (407) 319-9560 Email: mewben-.0)toliowater.corn The CONTRACTOR Project Manager's contact information is as follows: Doug Pegel, Branch Manager Apopka Branch Hawkins, Inc., d/b/a Hawkins Water Treatment Group 2263 Clark Street Apopka, Florida 32703 Phone: 800-330-1369 Email: dough.Xq( hawkins m. inc.co — aplO.; IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement effective the-VJay of --,Qpzk'/, 2019. HAWKINS, INC., D[B/A HAWKINS TOHOPEKALIGA -WATER Y WATER TREATMENT GROUP, INC. AUTIIOrz By:ce By: - 7 Print N-a!V��,; Itqm Print Name: Thacker Clarence L. V r - Title: Title: Board of Supervisors Chairman Attest: C�7e-Attest: J� Print Name: Print Name: u n Address: ;;RL,3 Address: 951 Martin Luther -Kinu Blvd, Kissimmee. Florida 34741 STATE OF A Out 4 a; AUTHORITY OF Dtrzs Th,-.1bregoing instrument was executed before me this �1 day of _MoAe 2019, by �.LoWIVL Pt -d- as V of Hawkins, Inc., d/b/a Hawki4s Nater Treatment Group, who p r onaliswore or ffmned that he/she is authorized to execute this Agreement a id thereby bind the Corporation, and who is personally known to me OR has produced A 7A as identification. Signature: Print Name: NOTA�—P My Commission Expires: (Stamp) 11 EXHIBIT `A' 12 BID TME: BM NO: Toho Water WB-19-063SUPPLY AND DELIVERY OF HYDROFLUOSILICIC ACID [ nt !tri ISSUE DATE: MARCH 4, 2019 Y�...... ..+o.. ..gra°` SUBMIT BID TO: i i Toho Water AuthorityCt)NTACr YERSUN: Terry Park Procurement Services Procurement Services/Warehouse* _. ....... s 1628 S. John Young Pkwy. EMAIL ADDRESS: g1.4,&jtohowater_com Kissimmee, FL 34741 *Warehouse Hours: 7:30 a.m. — 4:00 pm. PHONE: (407) 9445180 4 (Directions: From 192, take John Young FAX: (407) 931'4308 Parkway south; turn right onto Mohawk Lane just south of RaceTrac; continue straight onto Toho Water Authority's property to stop sign, then tum right; follow signs to Warehouse Building.) PRE -DIED MEETING & SITE VISIT: N/A DEADLINE FOR WRITTEN TUESDAY, MARCH 12, 2014 at 12:00 P.M. (NOON) QUESTIONS: IIID DUE: THURSDAY, MARCH 21, 2019 AT 2:00 P.M. I TORO WATER AUTHORITY IS A NUN -SMOKING AGENCY. SMOKING IS STRICTLY PROHIBITED IN ALL FACILITIES AND ON ,ALL AUTHORITY PROPERTIES. IFB-19-063 Supply & Delivery of Hydrofluosilicic Acid IFB-19-063 SUPPLY & DELIVERY OF HYDROFLUOSILICIC ACED TABLE OF CONTENTS Sections General Terms and Conditions Instructions to Bidder Scope of Services and Technical Requirements Special Terms and Conditions Submittal Requirements Bid Form Attachments "No Bid" Response Form Drug Free Workplace Form References Solicitation Rcsponsc Identification Label ,tion Pave 1 3-12 2 13-16 3 17-19 4 20-21 5 22 6 23 Attachment Pave A 24 B 25 C 26 D 27 2 IFB- 19-063 Supply & Delivery of Hydrofluosilicic Acid SECTION I GENERAL I'ERMS AND CONDITIONS ***PLEASE READ CAREFULLY*** BIDDER OR OFFEROR: THESE CONDITIONS AND INSTRUCTIONS TO BIDDERS shall be binding on all Bidders or Offerors and, except to the extent otherwise provided, are incorporated by reference in all contracts resulting from any written Request for Quotation (RFQ), Invitation for Bid (IFB) or Request for Proposal (RFP) issued, collectively the CRequest!% to which they are attached and response thereti) (Bid) or (Proposal). Use of the term "bid" in these General Terms and Conditions and Instructions to Bidders or Offerors is not intended to be restricted to an IFB and shall also affect written RFQ's or RFP's. These instructions are standard for all contracts for commodities or services issued through the Tobopekaliga Water Authority (the "Authority") Procurement Services Division. The Authority may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the IFB Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. 1.1 CLARIFICATION OF TERMS: If any Bidder or Offeror has questions about the specifications or other solicitation documents in connection with an RFQ, RFP or IFB, the prospective Bidder or Offeror must contact the buyer whose name appears on the face of the solicitation no later than five (5) business days prior to the date set for the opening of Bid or Proposals or receipt of Proposals. Any revisions to the solicitation will be made only by addendum issued by the buyer. Notifications regarding specifications may not be considered if received in less than five (5) business days of the date set for opening of Bid or Proposals or receipt of Bids or Proposals, 1.2 USE OF AUTHORITY FORM AND TERMS AND CONDITIONS: Failure to submit a solicitation on the official Authority form provided for that purpose or unauthorized modification of or additions to any portion of the solicitation documents may be a cause for rejection of the Bid or Proposal. The Authority reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject any Bid or Proposal which has been modified. The Authority shall not be responsible for any errors or omissions of the Bidder or Offeror. The solicitation shall be signed by a representative authorized to legally bind the firm submitting the Bid or Proposal. By signing the solicitation, the Bidder or Offeror agrees to the terms and conditions of the solicitation and certifies that it has inspected the job site(s) and shall be deemed to be aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, shall not be considered by the Authority. 1.3 EXCEPTIONS: For purposed of Bid or Proposal evaluation, Bidder or Offeror must indicate any exceptions, no matter how slight, from the General Terms and Conditions, Special Conditions, Specifications or Addenda in the space provided on The Bid or Proposal form, No exceptions by a Bidder or Offeror will be considered or deemed ,a part. of the Bid or Proposal submitted utiless, such exceptions are listed in the Bid or Proposal and referenced in the space provided on the Bidder or Ofllcror proposal form, If exceptions are not stated or referenced as required, it will be assumed that the product or service fully complies with the Authority's terms, conditions, and specifications, By receiving a Bid or Proposal, the Authority does not necessarily accept any exceptions contained in the Did or Proposal. All exceptions submitted are subject to review and approval by the Authority. If any Bid or Proposal contains material exceptions that, in the Authority's sole opinion, make that Bid or Proposal conditional in nature, the Authority reserves the right to reject the Bid or Proposal in its entirety or that part of the Bid or Proposal which contains material exceptions. 3 lFB-1 9-063 Supply & Delivery of Hydrofluosilicic Acid 1.4 NO BID RESPONSE: Vendors electing not to submit a Bid or Proposal in response to this solicitation should complete the attached "No Bid" Response form. 1.5 BID OR PROPOSALS FIRM FOR ACCEPTANCE: Bidder or Offeror warrants, by virtue of bidding, that its Bid or Proposal and the prices quoted in its Bid or Proposal will be firm for acceptance by the Authority for a period of ninety (90) days from tare date of Bid or Proposal opening unless otherwise stated in the solicitation. 1.6 LATE BID OR PROPOSAL & MODIFICATION OF 1311) OR PROPOSAL: Any Bid or Proposal modification received at the office designated in the solicitation after the exact time specified for receipt of the Bid or Proposal or the modification is considered a late Bid or Proposal modification and may not be considered. The Authority is not responsible for delays in delivery of the mail by the U.S. Postal Service, private carriers or the inter office mail system. It is the sole responsibility of the Bidder or Offeror to ensure its Bid or Proposal reaches the Procurement Services Office by the designated date and hour. a. The official time used in the receipt of Bid or Proposals is that time stamped by the automatic time stamp machine in the Procurement Services Office. Date/time stamps marked after the designated time of receipt will be rejected. b. Late Bid or Proposal modifications will be returned to the Bidder or Offeror UNOPENED, if solicitation number, acceptance date, and Bidder/Offeror return address is shown on the container. c. If the Authority closed its office due to inclement weather, the time for Bid or Proposals opening or receipt of Bid or Proposals will be extended to the next business day, same time. d. Vendors may modify their Bid or Proposals prior to the date and time specified for the bid opening. Facsimile modification of Bid or Proposals shall not be accepted unless the solicitation allowed submittal by facsimile. L7 WITHDRAWAL OF BID Olt PROPOSALS: A Bidder or Offeror for a contract may request withdrawal of his or her Bid/Proposal under the following circumstances: a. Bid or Proposals may be -withdrawn on written requests from the Bidders or Offerors received at the address shown in the solicitation prior to the time of acceptance. b. Requests for withdrawal of Did or Proposals after opening of such Bid or Proposals but prior to award shall be transmitted to the Authority's Procurement Services Division, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. if bid bonds were tendered with the Bid/Proposal the Authority may exercise its right of collection. c. Bid or Proposals shall not be withdrawn aller award of a contract or issuance of a purchase order. No plea on - claim of mistake in the solicitation or resulting contract or purchase order shall I)e available as a defense il) any legal proceeding brought upon a contract or purchase order awarded to a Bidder/Offeror as a result of the breach or nonperformance of such contract or purchase order. 1.8 ERROR IN BID OR PROPOSALS: When an error is made in extending total prices, the unit bid price will govern. Erasures in Bid or Proposals must be initiated by the Bidder or Offeror. Carelessness in quoting prices or in preparation of bid or otherwise, will not relive the Bidder or Offeror of its responsibilities to provide the good or service. Bidders or Offerors are cautioned to recheck their Bid or Proposal for possible errors. Errors discovered after public opening cannot be corrected and the Bidder or Offeror will be required to perform, if his or her Bid or Proposal is accepted. 1.9 IDENTIFICATION OF BID ENVELOPE: The signed Bid or Proposal envelope and requested copies should be returned in a separate envelope or package, sealed and identified with the following information: IFB No. and Title/Due Date Name of Bidder or Offeror Street City, State, Zip Code Attn: Procurement Services 4 W13-19-063 Supply& Delivery of Hydrofluosilicic Acid If a Bid or Proposal is riot addressed with the information as shown above, the Bidder or Officror lakes clic risk, that the envelope may be inadvertently opened and the information compromised, which inay cause the Did or Proposal to be disqualified. Bid or Proposals may be hand delivered to the designated location in, the offloct; j.,;,suij)g the solicitation. No other correspondence or other proposals should be placed in the envelope. 1.9.1 PRICING a. Bidder or Offeror warrants by virtue of bidding that prices, terms and conditions quoted in its Bid or Proposal will be firm for acceptance for a period of ninety (90) days from the date of Bid or Proposal opening unless otherwise stated by the Authority or Bidder or Offeror. b. Prices should be stated in units of quantity as specified in the Bid/Proposal form. c. Life cycle cost analysis may be considered when determining the lowest responsive and responsible Bid or ,Proposal. This analysis may consider, in addition to purchase price, any proposed upward or downward escalator clauses proposed for the initial contract term and any potential renewal terms; operating and related costs over the life of the item including maintenance, down time, energy costs, salvage value, etc. d. Bid or Proposal prices shall be for complete installation ready for the Authority's use and shall include all applicable freight and installation charges; extra charges not allowed. e. When an annual contract is not requested by the Authority and the Bid or Proposal is for products or services to be delivered on a one-time only or staggered basis, only firm pricing shall be given consideration. General terms such as "price in effect at time of delivery" shall not be considered. 1.10 OPENING: At the time fixed for the opening of responses to a Bid or Proposal, all Bid or Proposals will be opened and the names of the Bidders or Offerors and the amount shall be read aloud and made readily available to the public. If a public opening of a Request for Proposal is held, only the names of the Bidders of Offerors will be read publicly. 1.12 TIE BED OR TROPOSALS: A Drug Free Workplace Statement must be completed, signed, and returned prior to award of Bid or Proposal. This form will be used whenever two or more Bid or Proposals that are identical with respect to price, quality, delivery, and service are received; a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process, 1.13 TAX EXEMPTION: The Authority is exempt from Federal excise and State sales taxes. Tax exemption number is 85-80128976800-2 and is also stipulated on our Purchase Orders. 1.14 NO CONTACT POLICY: No Bidder or Offeror shall initiate or otherwise have contact related to the solicitation (RFQ, IFB or RFP) with an Authority representative, officer or employee, other than with the Procurement Services Division, after the date and time established for receipt of Bids or Proposals. Any contact initiated by a Bidder or Offeror with any Authority representative, officer or employee other than through the Procurcinew Services Division, concerning this solicitation is prohibited and may cause the disqualification of the Bidder or Offeror from this procurement process. 1.15 LICENSES, PERMITS, AND FEES: All Bid or Proposals submitted shall have included a list of any business and professional licenses, permits, or fees required by the Authority. PART H - DEFIMTIONSIORDER OF PRECEDENCE 2.1 BIDDING DEFINITIONS: The Authority will use the following definitions in its these CONDITIONS AND INSTRUCTIONS TO BIDDERS OR OFFERORS and in its general conditions, special conditions, technical specifications, instructions to Bidders or Offerors, addenda, and any other document used in the bidding process: a. INVITATION FOR BID — (IFB) when the Authority is requesting Bids from qualified Bidders. b. REQUEST FOR PROPOSAL — (RFP) when the Autbbrity is requesting proposals from qualified Offerors. c. REQUEST FOR QUOTATION — (RFQ) when the Authority is requesting quotes from qualified Bidders or Offerors. d. BED — a price and terms quote received in response to an IFB. IFB-19-053 Supply& Delivery of Hydrofluosilicic Acid e. PROPOSAL — a proposal received in response to an RFP or RFQ. f. BIDDER — person or firm submitting a Bid. g. OFFEROR — person or firm submitting a Proposal. h. RESPONSIVE BIDDER — a person whose bid conforms in all material respects to the ten -as and conditions included in the IFB. i. RESPONSIBLE BIDDER — a person who has the capability in all respects to perform in full the contract requirements, as stated in the IFB, and the integrity and reliability that will assure good faith performance. j. CONTRACTOR — a successful bidder or offeror who is awarded a purchase order, award contract, blanket purchase order agreement, or term contract to provide goods or services to the Authority. k. CONTRACT — a written agreement for the procurement or disposal of equipment, materials, supplies, or services but not for public construction. 1. PUBLIC ENTITY CRIME and CONVICTED VENDOR LIST have the meanings set out in Section 287.133, Florida Statutes, 2.2 SPECIAL CONDITIONS: Any and all Special Conditions contained in this IFB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions, except as otherwise provided. If no changes or deletions to the General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. BRAND NAIME OR EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or offeror catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the Authority. In such cases, the Authority will be receptive to any unit that would be considered by qualified Authority personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the Authority, the Bidder or Offeror must state clearly in its bid any exceptions from those specifications. It is the Bidder's or Offeror's responsibility to provide adequate information in its Bid or Proposal, to enable the Authority to ensure that the Bid or Proposal meets the required criteria. If adequate information is not submitted with the Bid or Proposal, it may be rejected. The Authority will be the sole judge in. determining if the item Bid or Proposal qualifies as an approved equal. Requests for an alternate manufacturer to be considered an "approved equal" must be submitted by the deadline for questions as shown on the cover sheet 3.1 FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation there from will be permitted and the Bidder or Offeror will be required to furnish articles in conformity with that specification. 3.2 EQUIPMENT STANDARDS: Any equipment delivered shall be standard new equipment, latest model, the best quality, and the highest grade work except as otherwise specifically stated in the Bid or Proposal. Any part of nominal appurtenances which are usually provided in the manufacturer's stock model shall be furnished. 3.3 ANNUAL CONTRACT USAGE REQUIREMENTS: Whenever a Bid or Proposal is sought seeking a source of supply for an annual contract for products or services, the quantities or usage shown are estimates only. No guarantee or warranty is given or implied by the Authority as to the total amount that may not be purchased from any resulting contract. These quantities are for Bidder or Offerors information only and will be used for tabulation and presentation of Bid or Proposals. v;y WAIIAN 1.3 1 fill 11:04L.101 4.1 AWARD OR REJECTION OF IIID OR PROPOSALS: The Authority reserves the right to accept or reject any or all Bid or Proposals and to waive minor irregularities or variations to specifications contained in Bid or Proposals, and minor irregularities in the bidding process. The Authority reserves the -right to award the contract on a split order basis; lump sum basis, individual item basis, or such combination as shall best serve the interest of the Authority. The Authority reserves the right to make an award to the responsive and responsible bidder 6 iFB-19-063 Supply & Delivery of flydrofluositieie Acid whose product or service meet the terms, conditions, and speciticatit ns of the 11:13 and whose E3id or Proposal is considered to best the Authority's interest. In determining the responsiveness of the offler and ilu: resp« iisibilify of the Bidder or Offeror, the following shall be considered: a. the ability, capacity and skill of the Bidder or Offeror to perform as required b. whether the Bidder or Offeror can perform promptly, or within the time specified, without delay or interference c. the character, integrity, reputation, judgment, experience and efficiency of the bidder d. the quality of past performance by the Bidder or Offeror e. the previous and existing compliance by the Bidder or Offeror with related laws, ordinances, administrative rules and orders and resolutions and requirements of the Authority. f. the sufficiency of the Bidder's or Offeroes financial resources g. the availability, quality and adaptability of the Bidder's or Offeror's supplies or services to the required use h. the ability of the Bidder or Offeror to provide future maintenance, service or parts i. the number and scope of conditions attached to the Bid or Proposal. If the IEB or RFQ provides for a contract trial period, the Authority reserves the right, in the event the selected Bidder or Offerors does not perform satisfactorily, to award for a trial period to the next ranked Bidder or Ofteror or to award a contract to the next ranked Bidder or Offeror, if that Bidder or Offeror has successfully provided services to the Authority inthe past. This procedure to continue until a Bidder or Offeror is selected or the contract is re -bid, at the sole option of the Authority. 4.2 QUALIFICATIONS OF BIDDERS OR OFFERORS. The Authority may make such reasonable itivebtigatimis as it deems proper and necessary to determine the ability of the Bidder. or Offeror to perform the work/turn illi thy: item(s) and the Bidder or Offeror or shall furnish to the Authority all such information and data for this ptirliose as may be requested. The Authority reserves the right to inspect Bidder's or Oflerries physical facilities prior to award to satisfy questions regarding the Bidder's or Offeror capabilities. The Authority further reserves flit: right to reject any Bid or Proposal if the evidence submitted by or investigations of such Bidder or Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated herein. 4.3 USE OF OTHER GOVERNMENTAL CONTRACTS: The Authority reserves the right to reject any part of all of any Bid or Proposal received and utilize other available governmental contracts, is such action is in its best interest. 4.4 PUBLIC ENTITY CRD1ES: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid or Proposal on a contract to provide any goods or services to a public entity, may not submit a Bid or Proposal on a contract with a public entity for the cow.;(ruction or repair of a .public building or public work., may not submit Bid or Proposals on )cases o1' real property to a public entity, may not be awarded or perform works as a contractor, supplier, subconwactor, or consultant. imider a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 35 months from the date of being placed on the convicted vendor list." 4.5 PUBLIC RECORDS: Florida law provides that municipal records shall at all times is open for personal inspection by any person. Section 119.01, F.S., the Public Records Law. Sealed Bid or Proposals received by the Authority in connection with an IFB, RFP or RFQ shall be deemed to he public records subject to public inspection. upon award, recommendation for award, or 10 days after bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Bidder or Offeror believes any of the information contained in its response is exempt from the Public Records Law, and then the Bidder or Offeror must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the Authority will treat all materials received as non-exempt. The Authority's determination of whether an exemption applies shall be final, and the Bidder or Offeror agrees to defend, indemnify and hold harmless the Authority and the Authority's officers, employees and agents, against 7 IFB-19-063 Supply & Delivery of Hydrofluosilicic Acid any loss or damages, including but not limited to attorneys' fees, incurred by any person or entity as a result of the Authority's treatment of records as public records. 4.6 PROHIBITION OF INTEREST: No member, officer, agent, or employee of the Authority, either for himself or as agent for anyone else or as a stockholder or owner in any other legal entity, shall participate in or benefit directly or indirectly from any We, purchase, lease, contract or other transaction entered into by the Authority. No contract will be awarded to a bidding firm in violation of the foregoing provision or in violation of Part III of Chapter 112, Florida Statutes. Any firm in which any member of the Board of Supervisors of the Authority or any officer or employee of the Authority or such individual's spouse or child is an officer, partner, director or proprietor or in which any such individual or any combination of them has a material interest as defined in Part III of Chapter 112, Florida Statutes, must disclose such interest and must fully comply with state law, including the Authority's governing act and Part III of Chapter 163, Florida Statutes and may be precluded from obtaining an award.. Bidders or Offerors must disclose any such affiliation or material interest. Failure to disclose any such affiliation or material interest will result in disqualification of the Bidder or Offeror and removal of the Bidder or Offeror from the Authority's Bidder's or Offeroes list and prohibition from engaging in any business with the Authority. PART V - BONDS AND INSURANCE 5.1 PERFORMANCE BOND/IRt2ECOVABLE LETTER OF CREDIT: If a performance bond or itrevocable letter of credit is required in the Special Conditions, the Contractor shall. within fifteen (15) working Clays alio notification of award, funzish to the Authority a performance bond or an unconditional irrevocable letter of credit payable to the Toho Water Authority, Florida in the face amount specified in the Special Conditions as surely for faithful performance under the terms and conditions of the contract. If the bond is on an annual covera-c basis, renewal for each succeeding year shall be submitted to the Authority thirty (30) days prior to the termination date of the existing performance bond. The performance. bond must be executed by a surety ccrn:pany of recogniixcd standing, authorized to do business in the State of Florida and having a resident agent. If a letter of credit is chosen, it must be in a form acceptable to the Authority, drawn on a local bank acceptable to the Authority and issued in favor of the Authority. If the :Bidder or Offeror wishes to use a non local bank, he must have prior Authority approval of the requirements to draw against the letter of credit. 5.2 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond, postal money order, cashier's check, or irrevocable letter of credit. Bid security will be returned to the unsuccessful Bidders or Offerors as soon as practicable after opening of Bid or Proposals. Bid security will be returned to the successful Bidder or Offeror after acceptance of the performance bond or irrevocable letter of credit, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in the Special Conditions. 5.3 LETTERS OF CREDIT: Generally, the Authority will require that the bank be rated A or better by a major rating agency. If the rating of the bank is downgraded below investment grade or if due to other circumstances, the Authority has concerns about the credit worthiness of an issuing bank, the Bidder or Offeror may be required to replace the letter of credit with a letter of credit issued by a different bank acceptable to the Authority or with a performance bond or, in the case of Bid Security with a letter of credit issued by a different bank acceptable to the Authority or with a bid bond, postal money order, cashier's check. 5.4 INSURANCE: If the Contractor is required to go on the Authority property to perform work or services as a result of IFB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the Authority or specified in the Special Conditions. The Contractor shall provide to the Authority original certificates and coverage and receive notification of approval of those certificates by the Authority's Risk Manager prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the Authority's Risk Manager. The certificates must list the Authority as ADDITIONAL INSURED and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion the Authority's Risk Manager if circumstances change or adequate protection of the Authority is not presented. IFB-1 9-063 Supply& Delivery of Hydrofluosilicie Acid PART VI - PURCHASE ORDER AND CONTRACT TERMS 6.1 CONFIDENTIALITY AND OWNERSHIP OF, DATA: Any reports, information, intellectual property, data, drawings, specifications estimates and summaries given to or prepared or assembled by the Contrac(or under 1114 Scope of Work of the contract, shall not be made available to any individual or organization by the Contractor without prior written approval of the Authority. All of these items shall become the property of the Authority upon payment of fees as required by the contract, 6.2 OBLIGATIONS OF THE AUTHORITY AND CONTRACTOR: Authority: The Authority shall furnish to the Contractor all available information as listed in the solicitation that may be useful for the conLinct work. The Authority shall assist the Contractor in obtaining access to enter upon public and private property as required to perform the contract work. The Authority shall designate a representative who shall serve as the principal contact and give direction to the Contractor throughout the duration of the contract. Contractor: The Contractor represents that he has, or shall secure at his expense, all personnel, including subcontractors required to perform and complete the Scope of Work. 63 PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty (30) days after receipt of a proper invoice with complete supporting documentation, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter. 6.4 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicible requirements of the Occupational Safety and health Act of 1970 as an, ceded, and be in couiphmwwith Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the: Florida Admini-strativc Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sllf:ct 6.5 OTHER GOVERNMENTAL ENTITIES: If the Bidder or Offeror is awarded a contract as a result of this RIP, lFB or RFQ he or she will, if has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the RFP, 1FB or 1U0 and resulting contract. Prices shall be F.O.B. delivered to the requesting agency location. 6.6 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Authority employee. Only those communications which are in writing from an authorized Authority representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the Authority as duty authorized expressions on behalf of Contractors. 6.7 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Bidder or Offeror shall be employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the Authority. Personal policies, tax responsibilities, social secitrity, health insurance, employee benefits, purchasing policies unless otherwise stated in this WB aged other similar administrative procedures applicable to sendees tendered under ibis contract shall be those of the Contractor. 6,8 INDE NINITY11101,I) HAIM-LESS AGRE'n1EKf: Tlic Contractor agrees, to protect, defend, indemnify, and hold harmless the Authority and its officers, employ= and agents -frorn anti against any and all losses, penalties, damages, scUlemon(s, clairus, costs, charges for other expenses, litigation, whether in court or before " administrative body, or liabilitie's of every and any kind including attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of my applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall he included in the itidemnity hereunder. 9 WB- 19-063 Supply & Delivery of Hydrafluosilicic Acid 6.9 TERMINATION FOR CAUSE: 11f, through any cause, the Contractor shall fail to fulfill. in a timcly and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provision., of this Agreement, the Authority may upon written notice to the Contractor terminate the right of the Contactor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contmetor liable for any damages caused to the Authority kyreason of such default and terniination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall at the option of the Authority become the Authority's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the Authority, not to exceed an amount equal to percentage of the contract price representing the percentage of the work completed satisfactorily. The Contractor, however, shall not be relieved of liability to the Authority for damages sustained by the Authority by reason of any breach of the Agreement by the Contractor and the Authority may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the Authority from the Contractor can be determined. 6.10 TERMINATION FOR CONVENIENCE: The Authority reserves the right, in its best interest as determined by the Authority, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 6.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the Authority for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period and continuation of the contract into subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 6.12 RECORDS/AUDIT. The Contractor shall maintain during the term of the contract all books of account, reporis and records in accordance with generally accepted accounting practices and standards for records direcily related to this contract. The form of all records and reports shall be subject to the approval of -the Aulliority's Auditors. The Contractor agrees to make available to the Authority's Auditors during normal business hours, all twoh-s of account, reports, and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. 6.13 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations as well as all resolutions or directives of the Authority that would apply to this contract, 6.14 NON DISCREUINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this contract. 6.15 ELIGIBILITY, If applicable, the Contractor must first register with the Department of State of the State of Florida in accordance with Florida Statutes, prior to entering into a contract with the Authority. 6.16 COPYRIGHTS OR PATENT RIGHTS: The Bidder or Offeror certifies by submission of Bid/Proposal that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as a result of this Did or Proposal. The successful Bidder or Offeror shall, at its own expense defend any and all actions or suits charging such infringement and will save the Authority, its officers, employees, and agents harmless from any and all liability, loss, or expense occasioned by any such violation, 6.17 INVOICES: Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the 1FB/RFP number and or purchase order number. 6.18 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Authority after due oral and written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. 10 IFB-19-063 Supply & Delivery ofHydrofluosilicic Acid 6.19 DELIVERY: In the appropriate space, the Bidder or Offeror shall state the time of proposed delivery or pr(ject completion in number of calendar days. Urtless otherwise specified, calendar days shall be presumed, Unless otherwise specified, quote the earliest delivery possible as this may be considered a factor in Delivery expressed in calendar days may be given preference over such. general terms as "stock hurnediatcly" atid "as soon as possible." As time )kill be of the essence for any orders placed as a rr,,w)t of this bid, (fie A41iorily reserves the right to cancel such orders or any part thereof, without obligation if delivery is not made at the tiaw(s) specified on the bid form. PART VII - DELIVERY PROVISION 7.1 SHIPPING INSTRUCTIONS -CONSIGNMENT: Unless otherwise specified in the solicitation of each case, crate, barrel, package, etc., delivered under the contract must be plainly stenciled or securely tagged, stating the Contractor's name, purchase order number, and delivery address as indicated in the order. Where shipping containers are to be used, each container must be marked with the purchase order number, name of Contractor, the name of the item, the item number, and the quantity contained therein. Deliveries must be made within the hours of 8:00 a.m. — 5:00 p.m. Deliveries at any other time will not be accepted unless specific arrangements have been previously made with designated individual at the delivery point. No deliveries will be accepted on Saturdays, Sundays and holidays unless previous arrangements have been made. It shall be the responsibility of the Contractor to insure compliance with these instructions for items that are drop shipped, 7.2 RESPONSIBILITY FOR SUPPLIES TENDERED: The Contractor shall be responsible for loss or dimage to materials or supplies covered by the contract until they are delivered at the dcsignated poinl,a physieaJ imsT.-L-001i is made by the Authority and the material or supplies are accepted by the Authority.'nie Contractor shift bcar all risk of loss or damage to rejected materials or supplies and for all materials and supplies prior toacccptatice by the Authority. Rejected materials or supplies must be removed by and at the empense of the Cow ractorpromptly after notification of rejection, unless public health and safiny require immediate destruction or oilier disposal of rejected delivery. If rejected materials are not removed by the Contractor within ten (10) (lays allcr deice of notification, the Authority may return the rejected materials or supplies to the Contractor at hi.i or her risk, and expense or dispose of them as its own property. 7.3 TESTING AND INSPECTION: The Authority reserves the right to conduct any test/inspection it may decin advisable to assure that of supplies and services conform to the specifications. Inspection and acceptance of materials or supplies will be made after delivery at destinations herein specified unless otherwise stated. If inspection is made after delivery at destination herein specified, the Authority will bear the expense of inspection except, for the value of samples used in case of rejection. Final inspection shall conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and Accept or reject materials or supplies shall not impose liability on the Authority for such materials or supplies as are not in accordance with the specifications. 7.4 COMPLIANCE: Delivery must be made as ordered and in accordance with the solicitation or as directed by the Procurement Services Office when not in conflict with the bid/coutract. The decision the Authority as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of goods by the purchaser shall rest with the Contractor. Any request for extension of time of'delivery from that specified must be approved by the Procurement Services Office, such extension applying only to the particular item or shipment affected. Should the Contractor be delayed by the Authority, there shall be added to the time of completion a time equal to the period of such delay caused by the Authority. However, the Contractor shall not be entitled to claim damages of extra compensation for such delay or suspension. 7.5 POINT OF DESTINATION: All materials shipped to the Authority must be shipped F.O.B. DESTINATION unless otherwise stated in the, contract. The materials must be delivered to the "Ship To" address indicated on the purchase order. 7.6 REPLACEMENT': Materials or components that have been rejected by the Procurement Services Office, in accordance with the terms of the contract, shall be replaced by the Contractor at no cost to the Authority. 11 IFB-19-063 Supply & Delivery of Hydrofluosilicic Acid 7.7 PACKAGING SLIPS OR DELIVERY TICKETS: All shipments shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: a. purchase order number/contract number b. name of article and stock number c. quantity ordered d. quantity shipped e. quantity back ordered f. the name of the Contractor Contractors are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods. 7.8 SAMPLES: Evidence in the form of samples may be requested if brand being quoted upon is other than as specified. The Authority reserves the right to request that such samples be furnished at the time of bid opening. The Authority also reserves the right to request samples after the date of bid opening. Requested samples must be furnished free ofexpense to the Authority and if not used in testing or destroyed, will, upon request, be returned at the Bidder's or Offeroes expense. PART VIII - BIDDER/OFFEROR/CONTRACTOR REM]IIDIES 8.1 PROTEST OF AWARD OR DECISION TO AWARD/EXHAUSTION OF ADMINISTRATIVE PROCEEDING: Any protest must be made within three (3) days following posting of the bid/proposal award. Protest procedures are available from the Authority Procurement Services Department. Notice of decision or intended decision concerning a Bid or Proposal solicitation or award will be given by posting the Bid or Proposal tabulation or recommended award at the location where the Bid or Proposals were opencd. The Bidder or Offeror must exhaust this administrative proceeding before bringing suit. Failure to file a protest within the time prescribed herein and to exhaust the remedy provided by the Authority for such bid protest shall constitute a waiver of the right to bring suit. 8.2 DISPUTES: 1n the case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the Authority's Procurement Agent shall be final and binding on both parties. 8.3 NO CONSEQUENTLkL DAMAGES: Consequential damages shall not be available to a Contractor for breach of contract by the Authority. 8.4 NO DAMAGES REMEDY TO OFFEROR OR BIDDER: An Offeror or Bidder who is unsuccessful shall not have a damages remedy as a result of the rejection of the Bid or Offer but shall be limited to the administrative remedies provided by the Authority and, after exhausting such remedies, the further remedy of declaratory relief j or, in a proper case, injunction. Venue shall in all cases be in Osceola County, Florida. 8.5 PERSONAL PRONOUNS AND TERMINOLOGY. The personal pronouns, are used interchangeably regardless of sex and regardless ofthe legal status or identity of the entity or person to which the terms apply. END OF SECTION 1 12 EFB-1 9-063 Supply & Delivery of Hydrofluosilicic Arid SECTION 2 2.0 INSTRUCTIONS TO BIDDER 2.1 PURPOSE The Toho Water Authority is soliciting sealed competitive bids for the supply and delivery of hydrofluosilicic acid, per specifications, to various water treatment plants on as -needed basis. 2.2 PRE-BID MEETING AND SITE VISIT Not applicable for this solicitation. 2.3 CLARIFICATION OF REQUIREMENTS The deadline for submitting questions regarding clarification or interpretation of this solicitation is shown on the cover sheet. Requests will be addressed to pLoggrg cpni in the Procurement Services Department in writina, via email with the Solicitation Number and Title referenced in the si �bect line. Phone calls will not be accepted. However, unless modified by a written addendum issued by the Procurement Services department, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative nor binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Procurement Services Department. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this bid will be furnished in writing via addendum to all vendors on DemandStar at,www.demandstar.com and on VendorLink at www,mv�endorlinkcom. 2.4 PRICING Unit bid prices of listed items will be hold fmn for a period of ninety (90) days from the date of award. 2.5 EXAMINATION OF BED DOCUMENTS It is the responsibility of each Bidder before submitting a bid: • To examine thoroughly the Did Documents • To study and carefully correlate the Bidder's knowledge and observations of the Bid Documents and such other related data • To promptly notify the Authority of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents or conditions, 2.6 BID OPENING AND INSTRUCTIONS FOR SUBMITTING BH) A. The deadline for submitting bids and the location for opening bids is shown on the cover sheet. Bids will Ix, opened publicly and read aloud immediately following the deadline for submitting bids. No bid will be considered if it arrives after the scheduled due date and time. No exec otions will be made. B. Each Bidder will submit one (1) original and one (1) copy of the bid submittal. The submittal will also include a CD or memory stick containing the entire bid formatted to be ready with Microsoft software or Adobe PDF software. C. All bids must be submitted in a seeded package(s) and date and time stamped by an Authority representative on or prior to the due date and time specified above. No other form of submission will be accepted (i.e., e- mail, facsimile, etc.). Bid packages must be identified on the outside as follows: Solicitation No. and Title/Due Date Name of Bidder Street City, State, Zip Code Attn: Procurement Services For convenience, a label to provide this information is included as an attachment to this solicitation. 13 IFB-1 9-063 Supply& Delivery of Hydrofluosilicic Acid D. Bids will be available for inspection during normal business hours in the Procurement Services Department within 30 days of the closing date, by appointment (Florida Statute 119.071(1) (b)). E. A copy of the bid tabulation will be available on DemandStar at www.demandstar.com and on VendorLink at AAA.m endorlink.corn within thirty (30) days after bid opening- y.�L_ 1-l"..-..,..-".�",,-.,�-"-. 2.7 SIGNATURE The Bidder will sign the bid in the proper section with a manual signature of an authorized representative and will enter his title and date of the bid. Failure to properly sign the bid will invalidate the bid and it will not bv; comiderk-d for award. No erasures are permitted. If a correction is necessary, draw asingle line through the entered I Ig-ki re aitcl enter the corrected figure above it. Corrections must be initialed by the pemon signing the bid prior tosubmittal of the bid. 2.8 HME VOCABLE OFFER Any bid may be withdrawn up until the date and time set above for opening of the bid. Any bid not so withdrawn will, upon opening, constitute an irrevocable offer for a period of ninety (90) days to sel I the Authority the goods or services set forth in the attached specification until one (1) or more of the bids have been duly accepted by the Authority. 2.9 RESERVED RIGHTS The Authority re&ervez; the right to accept or .reject aiiy and/or all bids, or any part To waivd inegulafibes and toebrticalifles. Also, the Authority reserves tic right to accept all or any part of the bid and to increase or decrease quantities to nicet additional or reduced requirements of the Authority. Any sole response received by the hna submission date uray or may not be rejected by the Authority depending on available competition and tirucly nceds of the Authority. For each item or for all items combined, the bid of the lowest responsive, 7-espousible bidder will be accepted, unless all bids are rejected. To be responsive, a bidder will submit a bid that conforms in all material respects to the requirements set forth in the bid. To be a responsible, a bidder will have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, the Authority reserves the right to make such investigation as it deems necessary to make this determination. Such information may include but will not be limited to: current financial statements; verification of availability of equipment and personnel, and past performance records. 2.10 CODE OF ETHICS With respect to this bid, if any bidder violates or is a patty to a violation of the Code of Ethics of the Authority per the Authority's procurement regulations and/or the State of Florida per Florida Statutes, Chapter 12, Part 111, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and will be further disqualified from submitting any future bids for goods or services for the Authority, SHAM OR COLLUSIVE BIDS The bids of any bidder or bidders who engage in collusive bidding will be rejected. Any bidder who submits more than one bid in such a manner as to make it appear that the bids submitted are on a competitive basis froze different parties will be considered a collusive bidder, 2.11 AW.41M Award will be made to the lowest responsive and responsible bidder within ninety (90) days after the bid opening. Unless canceled or rejected, a responsive bid from the lowest responsible bidder will be accepted as submitted. The Authority reserves the right to make an award in whole or in part at its discretion. 14 IFB-19-063 Supply& Delivery of Hydrofluosilicic Acid 2.12 RE -AWARD If for some reason the awarded vendor cannot fulfill the bid requirements, a letter of cancellation will be sent and that vendor will be removed from the bid. The Authority will then either contact the next vendor in line to see if they are still interested in an award of the bid to replace the cancelled vendor. The Authority reserves the right to re -bid, 2.13 NOTICE, OF AWARD Public notice of award will be posted in the Procurement Services Department's Bid Announcement Binder located at the address shown on the cover sheet. Notice of award will also be posted on DemandStir at w-ww,demandstar.com and on VendorLink at wwwmvvendorJink.com. 2.14 CONTRACT TERM/RENEWAL The initial contract period shall be for three (3) years to commence upon the issuance of purchase order, execution of the agreement, or upon an agreed upon date. The contract may be renewed subject to written notice of agreenient for one (1) additional two (2) year period beyond the primary contract period. Unit prices bid shall be held firm for the initial term and the renewal period. 2.15 BID FORM No bid will be considered unless it is submitted upon the Bid Form supplied for this project. The blank spaces in the Bid Form will be filled in correctly and completely for each and every item for which a description is given. All names must be typed or printed on or below the signature. Where prices are requested, the Bidder mus ' t state the price(s) for which lie proposes to do each part of the work contemplated, and the total amount for all parts included in any or all of the combinations of the work. The Bid Form must be completed and signed by an agent who is fully authorized to bind the individual submitting the offer to sell, to the terms, conditions, and specifications contained herein, as well as any addenda to this solicitation. 2.16 ADDENDA TOT SOLICITATION A. The Authority reserves the right to amend this solicitation at anytime prior to the dcadlitre4br submitting Hids or Proposals. If it becomes necessary to revise any I � part ofthis solicitation, notice orthe recision will be posted on DemandStar at www.demandstar.com and on VendorLink a, www.invvendorli ik.coni. 11. in (fie opinion of* the Procurement Services Agent, the &adlinc for the submission of proposals does riot lyrovide sti0icictil bole for consideration of any Addendum, then such deadline r-itay be extended at the discretion of (lie Authority. B. It will be the responsibility of each Bidder to contact the Procurement Services contact identified on the cover page to this solicitation prior to submission of a bid or proposal hereunder in order to determine whether any addenda have been issued in connection with this procurement.. Notwithstanding any provision to the contrary, the failure of any Bidder to receive any addenda will neither constitute grounds for withdrawal of its proposal nor relieve such Bidder from any responsibility for incorporating the provisions of any addenda in its proposal. 2.17 RECIE IT OF ADDENDA Receipt of any addenda issued will be acknowledged on the addenda and returned with Bid. Failure to i acknowledge your receipt of any addenda may result in your bid being considered non -responsive - 2.18 LATE BEDS Bids or unsolicited amendments to bids arriving after the closing date and time will not be considered. Bids received after the bid submission deadline will be returned to the Bidder unopened providing that sufficient bid identification information is shown on the outside of the bid envelope. 2.19 BID PRICES In the event there is a discrepancy between the unit prices and the extended totals, the unit prices will govern. In the event there is a discrepancy between. the prices written in words and written in figures, the prices written in words will govern. In case of error in the Bidder's extended summation, the computed total of the Authority will 15 W11-19-063 Supply & Delivery of Hydrofluosilieic Acid govern. The total amount of the summation of Bid extension will be the basis of awarding the contract to the lowest responsible Bidder. Should the lowest responsible bid exceed the funds budgeted for the project, the Authority reserves the right to negotiate with the lowest responsive and responsible Bidder in the best interest of the Authority. 2.20 CONTRACTUAL AGREEMENT An agreement will be required for this service and must be signed by the Bidder prior to execution by the Authority, whereupon the bidder becomes the Contractor upon approval. 2.21 DISCLOSURE OF BID CONTENT All material submitted becomes the property of the Authority and may be returned only at the Authnrity's option. The Authority has the right to use any or all ideas presented in any reply to this laid. Selection or rejectim ofaily Bid does not affect this right. The Authority is governed by the Public Record Law, Chapter 119, Florida Statutes. Only trade secrets as defined in Section 812.081(1)(c), Florida Statutes or financial statements required by the Authority as defined in 119.071(1)(c), Florida Statutes (hereinafter "Confidential Materials"), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an execaated. Non - Disclosure Agreement for Confidential Materials, and each pertinent page must be clearly lahclod "o�)nfidcnti<a1` or "trade secret" The Authority will not disclose such Confidential Materials, subject to the conditions dctailC4 within the Agreement, which is attached to this solicitation. W'itert sucix segregated and labelod materials are received with an executed Agreement, the Authority will execute the Agreement and send the respondent a "Receipt for Trade Secret Information-" 2.22 ASSIGNMENT The successful Bidder will not be permitted to assign its contract with the Authority, or to subcontract any of the work requirements to be performed, without obtaining prior written approval from the Authority. 2.23 REFERENCES Bidder must submit with Bid a minimum of three (3) references (see Attachment C, Relercnccs Farm). References shall be of similar scope and supplied within the past three (3) years. References must be able to attest without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any bind during the contract period. END OF SECTION 2 16 IFB-1 9-063 Supply & Delivery of Hydrofluosilicic Acid SECTION 3 3.0 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 3.1 INTRODUCTION AND INTENT The Tohopekaliga Water Authority is soliciting scaled competitive bids from experienced, qualified suppliers for the provision of hydrofluosilicic acid, per specifications, to be delivered to water treatment plants located throughout the Authority's service area on an as -needed basis. This bid will result in a multi-year contract. 3.2 SPECIFICATIONS FORHYDROFLUOSIOLICIC ACID (FLUORIDE) • Supplied hydrofluosilicic acid (H2SiF6) shall contain between 23% and 27% H2SiF6 by weight. Bid shall be for a single price per gallon for a solution that is a minimum of 23%; adjusted pricing for solutions stronger than the minimum will not be accepted. • The hydrofluosilicic acid supplied shall be clean and free of visible suspended matter. • The hydrofluosilicic acid supplied shall contain no mineral or organic subsume in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has beat properly treated with the hydrofluosilicic acid. • The hydrofluosilicic acid supplied shall contain no mineral or organic substances in quantities capable of adversely affecting the potability of drinking water or whose presence is inconsistent with good water treatment practices for water that has beery. properly treated with the hydrofluosilicic acid. • The hydrofluosilicic acid supplied shall not contain more than 0.020% by weight of heavy metals, expressed as lead (Pb). • At the request of the Authority, the Contractor shall inform the Water Plants Division of the origin ofthe hydrofluosilicic acid to be furnished. If the materials to be fiunished were manufactured outside the United States, the Water Plants Division may request from the Contractor a written statement presenting the steps the Contractor will take to ensure that the material to be supplied conforms to the requirements specified hereunder. • These specifications are based on the American Water Works Association's (AWWA) Standard for hydrofluosilicic acid, B703-11. Any hydrofluosilicic acid supplied under these specifications shall meet or exceed the most recent version ofAWWA Standard B703. 3.2 SAMPLES, INSPECTION, AND TEST REQUIREMENT'S • All sampling and testing of hydrofluosilicie acid supplied under these specifications shall be in accordance with the most recent version of AWWA Standard, B703-11. Any sampling and testing of materials not mentioned in AWWA Standard B703 shall be in accordance with the most recent edition of Standard Methods. • Upon rcqucst, the Contractor shall have ten (10) days to provide samples to the Authority, • The samples shall be provided at no cost to the Authority and shall become the property of the Authority, 17 IFB-19-063 Supply & Delivery of Hydrofluosilicir, Acid 3.3 DELINTRY • Bulk deliveries of hydrofluosilicic acid, per specifications, shall be provided to the Authority's water treatment plant locations listed below: Water Plant / Address North Berntuiia 1-2706 N. John Young Pkwy. ; � Kissinunee, FL 34741 21 00,1,cpic lane Kissimmee, FL 34741 2965 Parkway Blvd. Kissimmee, FL 34758 North West 3230 Reedy Creek Blvd. Kissimmee, FL 34747 South West 7325 Osceola Polk Line Rd. Kissimmee, FL 33896 Buena Ventura Lakes 401 Buenaventura Blvd. Kissimmee, FL 34741 Harmony Lakes 7200 E. Irlo Bronson Memorial I-Iwy. St. Cloud FL 34771 3600 Pleasant Hill Rd. Kissimmee FL 34749 Huron 2000 Hemlock Lane Kissimmee FL 34759 Peabody 3770 Peabody Road Kissimmee FL34758 d Annual (Gallons) 7,500 1,500 2,500 2,500 500 500 2,500 MU 1,500 • At the sole discretion of the Authority, delivery sites are subject to change to meet demands. Sites may be added or deleted on an as -needed basis during the term of the contract. Contractor shall provide delivery to any location as directed by the Authority at the contracted price during the term of the contract. • Hydrofluosilicie acid shall be delivered within two (2) weeks from receipt of order. Deliveries shall be made between the hours of 7:30 a.m. and 2:00 pm., Monday through Friday, unless otherwise agreed upon by both parties. Emergency deliveries shall be made within 48 hours of order. • Due to the limited space at the Plant locations listed above, the Contractor shall ensure that the delivery track size is at a maximum of: L--371 W--916" 9=818" • The HFS shall be certified by a third party ANSI accredited agency to meet all of the requirements of ANSJINSF Standard 60 for Drinking Water. In addition, the product shall be delivered directly to the Authority's tanks with no beak in the chain of custody. Bidder shall state how the delivery will be made in order to protect the chain of custody. 18 IFB-19-063 Supply & Delivery of Hydrofluosilicic Acid • A Certificate of Analysis (C of A) and a bill of lading shall be presented to the Water Plant Division with each shipment and shall be accompanied with the following information: a. Name of the acid b. Net weight or volume of acid delivered c. Percent of strength of the acid d. Name and address of the vendor and/or manufacturer e. Lot number . Certified weight ticket • Shipping of all hydrofluosilicic acid solutions shall conform to all applicable local, state, and fbdenal (including U.S. Department of Transportation) regulations and applicable interstate regulations. The Contractor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of product into the wrong storage tank(s). • Containment, cleanup, and reporting of all applicable agencies of any spills during delivery shall be the responsibility of the Contractor. At the request of the Authority, within ten (10) days from the request date, the Contractor shall supply the Authority with a written Emergency Response Plan which outlines the procedures the Contractor will follow in the event of a spill during delivery. • Bid price shall reflect all costs of supplying, delivering, and transferring liydrofluosilicie acid to the Water Plants Division locations -- FOB: DESTINATION. • At the time of bid opening, the Bidder shall be a manufacturer or authorized distributor of hydrofluosilicic acid. 3.4 TRAINING • At no additional cost to the Authority, the Contractor shall provide training in the safe handling and emergency response procedures and reporting requirements for hydrofluosilicie acid. r Training session shall last a minimum of one (1) hour and one (1) session shall be held at each or the water treatment plants. • At no additional cost to the Authority, one (1) comprehensive safe handling and emergency response manual shall be provided for each plant receiving deliveries of hydrofluosilicic acid. END OF SECTION 3 19 IFB-19-063 Supply & Delivery of Hydrofluosilicic Acid SECTION 4 4.0 SPECIAL TERMS AND CONDITIONS 4.1 PRECEDENCE IN TERMS In the event of a conflict, the Special Terms and Conditions will take precedence. 4.2 ALTERNATE BEDS NOT ACCEPTED If two different bids are included in a single envelope, both will be rejected at the bid opening. 4.3 INCURRED EXPENSES This solicitation does not commit the Authority to award a contract, nor will the Authority be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this solicitation, or any cost or expense incurred by the bidder prior to the execution of a contract agreement, 4.4 BANKRUPTCY / INSOLVENCY At the time of bid submittal, the Successful bidder will not be in the process of, or engaged in, any type of proceedings in insolvency or bankruptcy, either voluntary or involuntary, or in receivership proceedings. If the Successful bidder is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership, the Authority may, at its option, terminate and cancel said contract, in which event all rights hereunder will immediately cease and terminate. 4.5 INDEPENDENT CONTRACTOR STATUS AND COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 The Contractor is and will remain an independent Contractor and is neither agent, employee, partocr, nor ivine venture of the Authority. Coutractor acknowledges that h. is responsible for complying with the provisions ofthe litimig-Tation Reform and Control Act of 1986, located at 8 U.S.C, 1324 et, Seq., anti regulations rotating tl)croo. , as . either may beaniendcd from time to tinic. Failure to comply with the above provisions will bcconsidcmd a material breach and will be grounds for iminediate ternfination of the contract, at the discretion of the Authority. 4.6 INVOICE/PAYMENT Invoices for payment will be emailed to the Toho Water Authority at acc - - qqj it—st)A YA h ol�q i _d) t o h qw—at f T-, q -qm The Contractor will submit invoices upon acceptance by the Authority. Invoices will include, but are not limited to, the following: • Contractor's name • Contractor's address and phone number • The Authority's Purchase Order Number and Contract Number • Date of delivery • Itemized description and pricing for the delivery of the chemical The Authority will endeavor to make a payment on a correct invoice within thirty (30) days after receipt of an invoice acceptable to the Authority. 4.7 CERTIFICATE OF INSURANCE Before performing any contract work, the Successful Bidder will procure and maintain, during the fife of the contract unless otherwise specified, the insurance listed below. The policies of insurance will be primary and written on forms acceptable to the Authority and placed with insurance carriers approved and licensed by the lostir-allec Department in the State of Florida and meet a mininium, financial AM Best Company rating of no less than "A --- Excellent: Excellent: FSC VIT." No changes are to be made to these specifications without prior written specific approval by the Authority's Procurement Services Department. 24 IFB-19-063 Supply & Delivery of Hydrofluosilicie Acid A. Worker s, Compem-aflow The Succes0ul bidder will provide Worker's Compensation coverage for all employees at the site location and in case any work is subcontracted, will require the successful Offeror topro-viu-0 Workefs Compensation for all his eniplo ' yces. 'rho Ju its will be statutory for Worker's Compensation and S 1,000,000.00 for Employer's Liability' B. Comprehensive Geucral Liabilitv.- The Succcssfirl bidder will provide for all operAtis-.)ns including, but not limited to Contractual and Product,-, Completed Operations. 'lire limits will not be less than $1,000,0010,00, C. Comprehensive Automobile Liabifitv: The Successful Offeror will provide coverage for all owned and non - owned vehicles 1br limits not less than $1,000,000{ 00. D. Umbrella Liability: The Successful bidder will provide an umbrella in excess to the coverage in paragraphs 13 and C of not less than $1,000AX1,00. E. Hazardous II-faterials Inittrance: 1ror tl:.- -purpose of This section, the, term "ha-zardous rnaterials", includes all ilia and substances drat are now desi p.mated or defuiod ns hazardous by Florida or Federal law or by the rules and reptilations of Florida or any Fcdciul Agency. If the work- being performed involves liazardous materials, the ,need to procure and maintain airy or all of the Aillowing eoverige will be specifically addressed upon review of expos:urc. However, if hazardour, marc rials are idculified %rbile carrying out this contract, no 'Airther woer is to be penormcd ill tine arca of thebamrdaus material until the Authority has been consulted as to the potenti-pi P,% -d to procure and maintain any or all of the folio pint: coverage through an addonduin to the, contract. The procuring of required policies of insurance shall not be construed to limit the Contractor liability or to fulfil the indemnification provisions and requirement s of this Contract. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all, deductibles mid retentions to Which Such Policies are itilli40t, WhC111cr Or not the Authority is an insured under this policy. Contract award will be subject to compliance with the insurance requirements. Certificates of insurance evidencing coverage and compliance with the conditions to this Contract, and showing the Authority's proposal number, if any, and description of work and copies of all endorsements are to be furnished to the Authority's Procurement Services Department prior to commencement of work, and a minimum often (10) calendar days after the expiration of the insurance contract when applicable. All insurance certificates shall be received by the Authority's Procurement Services Department before the Contractor shall commence or continue to work. Allpolicies required by this Contract, with the exception of Professional Liability and Workers' Compensation, or unless specific approval is given by the Authority, are to be written on an occurrence basis, shall name the Authority as additional insured as their interest may appear under this Contract. 4.8 RIGHT TO REQUIRE PERFORMANCE The failure of the Authority, at any time, to require performance by the bidder of any provision thereof will in no way affect the right of the Authority thereafter to enforce same, nor will waiver by the Authority of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. In the event of failure of the bidder to deliver services in accordance with the contract terms and conditions, the Authority, after due written notice, may procure the service from other sources and hold the bidder responsible for any resulting additional purchase and administrative costs. This remedy will be in addition to any other remedies that the Authority may have.. 4.9 ESTIMATED QUAN11TIE S Quantities given represent the best estimate for use, and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the term of this contract. The Authority does not guarantee a minimum total purchase. Furthermore, the requirements of the Authority may exceed best estimates and the Contractor shall provide for such requirements to the extent they are reasonable, END OF SECTION 4 21 117B-1 9-063 Supply & Delivery offlydrofluosilicic Acid SECTION 5 5.0 SUBMITTAL FORM REQUMEMENTS (submit in following order); A. One (1) original, completed Bid Form & all required documents (use attached forms), plus a copy on CD or memory stick B. Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's bid. Failure to return signed addenda may be cause for the Bid to be considered non- responsive. C. Drug Free Workplace Certification D. List at least three (3) recent references on the Refmace Form where the proposed product or service has been used. E. If a vendor must subcontract any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted. The Authority also reserves die right to reject a bid or any bidder if the bid names a subcontractor who has previously failed to deliver on time contract of similar nature orwho is not in a position to perform properly this award. 110 Authority nowrve.q the right to inspect all facilities ofany subcontractors in order to make a determination as to the foregoing. (Note: Subcontractors are not allowed for this bid) END OF SECTION 5 22 1FB-1 9-063 Supply &Delivery of Hydrofluosilicic Acid ORIGINTA L SECTION 6 DID FORM DATE: 2019 Have you. supplied all the Submittal Requirements outlined below? One (1) completed and executed, original Bid Form, plus a copy on CD or memory stick Any addenda pertaining to this solicitation Dnig Free 0-r(fificafion oraj.)plivible.) U� Reference Form 4A List of Possible Subcontractors (Not allowed for this bid.) \0 Copy of proper Professional Licenses or credentials, including your Local Business Tax Receipt Surcharge for 48 -Hour Emergency Delivery (if applicable) $---Jk —0 (:�-- -, .--- - Delivery Requirements Due to the limited space at the Plant locations listed in Section 3.4, is the Contractor iblc to providc a dchvcry tnick that is at a maximum of the following: L=37' W=9'6" H=8'8"'? 0 Yc-, El 1'4o aWe do not take exception to the Scope of Work El We take exception to the Scope of Work as follows: The Authority reserves the right to reject any or all bids, to waive, inforinalities, and to accept all or any part of any bid as they may deem to be in the best interest of the Authority. The Undersigned Agrees: A. To accept the stipulation of all Terms and Conditions and Specifications including delivery and other provisions. B. To enter into and execute a Contract if awardled on the basis of this Bid. C. To accomplish the work in accordance with the Bid documents and Specifications. Company Name: _IA C. Address: 2'w I'llark City: --,6pppk State: Zip: 3,71D.3 Print Name: �A—Iatvorlu(- PO4L Title: 4"eff= Telephone: _10-0J30 " 7i.q Fax: 2n -S,,4 --931S _Email: P10" Federal Tax ID: =+4' 01 -71 Signature. Date: 3119f1q F90071��E 23 UNIT PRICE ESTIMATED EXTENDED ITEM DESCRIPTION PER GALLON ANNUAL PRICE, .... N"T Y W ... ... �.Supply and Delivery L,3 1,06), A. i Hydrofluosilicic Acid, per Gallon 24,000 Galt ons $ snecifications Surcharge for 48 -Hour Emergency Delivery (if applicable) $---Jk —0 (:�-- -, .--- - Delivery Requirements Due to the limited space at the Plant locations listed in Section 3.4, is the Contractor iblc to providc a dchvcry tnick that is at a maximum of the following: L=37' W=9'6" H=8'8"'? 0 Yc-, El 1'4o aWe do not take exception to the Scope of Work El We take exception to the Scope of Work as follows: The Authority reserves the right to reject any or all bids, to waive, inforinalities, and to accept all or any part of any bid as they may deem to be in the best interest of the Authority. The Undersigned Agrees: A. To accept the stipulation of all Terms and Conditions and Specifications including delivery and other provisions. B. To enter into and execute a Contract if awardled on the basis of this Bid. C. To accomplish the work in accordance with the Bid documents and Specifications. Company Name: _IA C. Address: 2'w I'llark City: --,6pppk State: Zip: 3,71D.3 Print Name: �A—Iatvorlu(- PO4L Title: 4"eff= Telephone: _10-0J30 " 7i.q Fax: 2n -S,,4 --931S _Email: P10" Federal Tax ID: =+4' 01 -71 Signature. Date: 3119f1q F90071��E 23 IFB-1 9-063 Supply& Delivery of ydrofluosilicic Acid ATTACIMENT A ANO BID" RESPONSE FORM If for some reason you are not participating in this solicitation, PLEASE complete the following and return to: Procurement Services Department Toho Water Authority 1628 S. John Young Pkwy, Kissimmee, FL 34741 DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor rile. Company Name-, Address: Phone Number: Fax Number: Continue on Vendor List: Yes No — Large Business — Small Business —AlinorityOwned Reason for no response to the solicitation: — Cannot supply at this time Suitable, but engaged in other work — Quantity too small — Cannot meet required minimum — Opening date does not allow sufficient time to complete — Equivalent not presently available Other reasons or remarks: Vendor's Signature 24 EB -19-063 Supply &Delivery of Hydrofluositicic Acid ATTACHMENT B DRUG FREE WORKPLACE COMPLIANCE FORM IDENTICAL TIE BIDS. Preference will be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business will: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a ding -free workplace, any available drug counseling, rehabilitation, and employee Assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the vorninodities or contractual services that are under bid a copy of the statement specified in subsection (1), 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirement,,,. Vendor's Signature 25 ff-B-I 9-063 Supply & Delivery of Hydrofluositicie Acid ATTACHMENT C REFERENCES The following information is required in order that your Did maybe reviewed and properly evaluated. Please ensure reference contact information is current. Bidder/Contractor Company Nam: Length of Time Company has been in Business: 4n C, P. t q Business Address: r Telephone Number: FPD - 33c) -13 L Fax Number YOV-4,IL4-q3l!� Total number of current employees: Full time: J04 Part time: Number of employees you plan to use to service this contract: _ _. Ileferences: COMPANY NAME: 4%oq Oi.4-frlr- LL.I ---- ADDRESS: V 31;0 1). W, I , CONTACT PERSON:M. e, -�f-,p TELEPHONE: E-MAIL: 1pe6 a of i.:YFr 1 C46 - C�m DESCRIPTION OF WORK PERFORMED: 4- .'Chew I au DATE RANGE: CONTRACT AMOUNT: 2. COMPANY NAME: �-er 4gv en ADDRESS: 6(-V+h .9 CONTACT PERSON. Wlr4-er �Wtv 'ET6990 TELEPHONE: d I DESCRIPTION OF WORK PERFORMED: - &I-rm+ 4-Y DATE RAINGE: CONTRACT AMOUNT: 3. COMPANYNAME:Lee, C$w4q, ADDRESS: --iv CONTACT PERSON: ju dd- W 0(, TELEPHONE: E-MAIL: DESCRIPTION OF WORK PERFORMED: M,Se- WAJ9r mituk,, DATE RANGE: (Of- ��en- CONTRACT AMOUNT:'cki P-A;vj- 10 too 26 PROCUREMENT SERVICES Toba ADDENDUM Oater 1628 S. John Young Parkway teRhatrlty # Kissimmee, Florida 34741 To: All Proposers From: Terry Park, Procurement Services Subject: I FB -1 9-063 Supply & Delivery of Hydrofluosilicic Acid Date: March 14, 2019 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answer questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the IFB have been maintained as originally distributed. This addendum supersedes any verbal or other instructions given to any bidder qualified to respond pursuant to the requirements set forth in this Invitation for Bid document. QUESTIONS AND ANSWERS: 1) Question: There are 10 different delivery sites with the estimated annual quantities listed. Can you give me the delivery size each location orders? Answer: The approximate delivery sizes are: North Bermuda 2000 gal. Parkway 1500 gal. Camelot West 100 gal. North West 1500 gal. South West 2000 gal Harmony 150 gal. Peabody 400 gal. Huron 400 gal. Bellalago 400 gal. BVL 150 gal. 2) Question: Do you split deliveries between the plants? Answer: Yes, we can order for more than one site at a time. 3) Question: Can you give the storage tank sizes of each location? Answer: The tank sizes are: North Bermuda 3000 gal. Parkway 2000 gal. Camelot West 300 gal. North West 2000 gal. South West 2500 gal. Page I of 3 ADDENDUM PROCUREMENT SERVICES Tfohe #1 Kissimmee, Florida 34741 Harmony 200 gal. Peabody 500 gal. Huron 500 gal. Selfalago 600 gal. BVL 200 gal, 4) Question: Could you please advise the previous awardee of this bid? Answer: Our current supplier is Hawkins, Inc., d/b/a The Dumont Company. 5) Question: Could you please provide a copy of the previous bid tabulations? Answer: The bid tabulation is Exhibit 'A' to this Addendum. 6) Question: There was no minimum delivery and understand this is as - needed; however, has there been a previous estimated delivery quantity? Due to some locations only requiring 500 gallons per year, will these be split loads? Answer: Yes, the loads can be split. 7) Question: Would you please send the previous bids or bid tabs for Hydrofluosilicic? Answer: The bid tabulation is Exhibit 'A' to this Addendum. The previous solicitation, IFB-15-054, is available on Demandstar.com or MyVendorLink.com. 11. DATE: The due date remains unchanged. Tohopekaliga Water Authority (TWA) will receive sealed Bids from Prospective Bidders until 2:00 PM on Thursday, March 21, 2019. Acknowledgment is hereby made of Addendum #1. cc: File nature Of Proposer ft'IL Page 2 of 3 PROCUREMENT SERVICES Tabo ADDENDUM - - -------- Water utharity 1628 S. John Young Parkway AV-� # Kissimmee, Florida 34741 605--, 4i, Exhibit `A' Page 3 of 3 A Toho Untor Toho Water Authority Authority Procurement Services 951 Martin, Luther IGnV Blvd. ftsimmee, FL 34741 Phone: (407) 744-5080 ViqkT1.r5T0 Dumont Company )ka, FL ,rosy Chemicals pa, FL Bid Tabulation Sheet Solicitation Number: IFS -15-054 supply & Delivery of Soildtation'ntle: Hydrofluorosilldc Add Solicitation Opening Date: S -Apr -15 Solicitation Opening Time: 2:00 P.M. Local Time 7tmwffy- PRICE PER GALLON I TOT AL PRICE IALLONSi 24,000 $2.79 $66,960.00 24,000 ! $2.85 iia $68,400.00 Tax Collector SCa t Randolph L,otif 8usins 7bx Ria Wpt =18 ExpM3 male 3502 VMLEaAM moo 4 ;. TOTAL TAX �P�yRyyE•EMODUILYPAIO s p�/Q�. 2283 CLARKST U-APOPM327O3 PAIM M.00 Qff88i =?go 7J1Of2Oi5 Tan COHOCWrSeott Randolph ihS 10Qe1 Tdx Recede! � h.n to cdsnt � 8 i450Z VMUW.LE TOTAL TAX PREVIOUSLY PAID TOTAL DUE �. / i,t l=7 171 DUMONTOOWANYTHE HAVAp�C�wRii�1�+ 2361 RDMATE ROSEV LL UN0113 2yO11� 7:/RF^RES some LAAO 4 EMPLOYEW If *n nnfcp ZINC 2283 CLAWS ST U • APOPKA, 32703 PAS: $8{ A 0O894082 rA 711CM018 ANYThE 2361 ROGMAiTE ROOMLLEMN66f12 TWMC* bditw "an vswaladbyftaxC0 dnanga Court Panda 4961oc�d Tit bHe dbpteyacl�loerety�9tep#mce pr wo mma Zt p "Ovlew 9190010" (mope by d 40 WflwSeedoa cd s Coo* a5c 4097404 a County, FlorW �tCfdflQ.1I �d G1�7Rf 3,7' Q2-11?8T4S4 NgW�INs� March 2%2017 bL 2381 M$5113 Pkv: 012) 8314910 (612) 38144 Ladies and G .. t•1 ;.hrw- �ti' '.'kl rklvHll ,k 1 et'tY .S.,t '-ti .4 YY..{ 4 _. jyov. o �N�UMIi lill , DAT e wmmorfyyy) CERTIFICATE OF LIABILITY INSURANCE 101412018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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 NAME Hale, Ododzzi Marsh & McLennan Agency LLC - -- 1,, 7225 Northland Dr N 4300 i E4AArL 763-746-8323 Minneapolis MN 55428 f INSURER SI 0 AFFORDING COVERAGE t NATO I INSURER A: Nautilus Insurance Comra2y 1737n L!!�suRER a.. Astien Sre urnace Companj eclalit,� Ins 10717 Hawkins, Inc. _T 2381 Rosegate WSURER c -. AIG S�;:Iec[211V insurance Com;,,nn,,- 99909 Roseville, MN 55113 ,!N8U,RER1o.1 Conimarre,&- lndustry Insuranot���an 19410 !;NSURER e. New Hampshire Insurance 23841 INSURER F t AIG Pro:, ett,,, Casuali, CorrIlanv 55555 COVERAGES CERTIFICATE NUMBER: 1302165182 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM1ffDAF36VF&�fkit ff - POLICY 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, Ali , o . 1- '44 ........ LTR _ TYPE OF INSURANCEPOLICYNUMBER1Dlyll LMAn C X ! COMMERCIAL GENERAL LIABILITY 14246214 Et3072Ine I 9tJGVL018 EACH OCCURRENCE s I =000 7 —1 CLAIMS -MADE F -D OCCUR PREMIS"ES Eo rancoi 1.000.000 Ix Products Poll 000 _!�C_XP Wtorie person) 25, PERSONAL &ADVINJURY $1,='000 GGN'L AGGREGATE LIMIT APPLIES PER: RO- POI icy P FRI JECT I^ I LOC OTHER: AUTOMOBILE LIABILITY CA47B4945 ANYAUTO OWNED -"E' A ULED I. HIRED NON AUTOS ONLY UT -S AUTOS ONLY RAUTOS ONLY Ix MGs -0 CA 9948 14248215 x OCCUR EXCESS LIAR WINISWADE I. I RETENTION IWORKERSCOAIPENSATION AND EUPLOYERS'LIABILITY I YIN ,ANYPROPRIEETORIPARTNERIEKECUTIVE ,EREXCLUOED? PRODUCTS COMPIOP AGG I S 2.000,W I BODILY INJURY (Per person) 1 S I BODILY INJURY (Per accident) t¢ S AGGREGATE 9130=19 IX STATUTE_._,.:. E.L. EACH ACCIDENT$ 11,000,000 u. El, DISEASE - EA EJOPLOYEEI S 1,000,000 _',E�.P!SEASE - POLICY LIMIT 15 1,"1000 A Pollution Ualflity j SSP201581911 913=018 9130=21 Total LIall 25,00,000tc EXAFVXW18 qwmie St30=21 0 F i work C.-mp, (CA only) VC014220296 913012018 t 9/3012019 i£s-liRl—pil—ON—O-F—O,,F—IER—AT—IONS—ILOCATIONS I—VEHICLES (A-CORO 101, Additional Remarks Schedule, maybe altachod ffmore 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 riot otherwise licensed by the State of Minnesota. In case of fnsol,,rency, payment of claims is not guaranteed, Companies A, 8 and C are subject to statutes and regulations of Surplus lines carriers. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Informational Purposes Only AUTHORIZED REPRESENTATIVE C 1988-2015 ACORD CORPORATION. All ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD WesRequest for Taxpayer Fenn Identification Number and Certification requester. stand. Donut (t?ay. October 20th q into A� u b- 4o to www.(mgov/F*nnK% Instructions and the latest information. Send to the {R3. I a.Ix,r (as shown on your income tax retwnf fFw;e is nequkad an flits Me; do rwfii a uils' li# blank. . ___..-_.__..�...,,._ ......................,.�,.�.. ..�...�� Hawkins, Inc. t z t3uaktssa rlamafdlaregsrded entity r m 3 Check appropriate box tot' fedo TA tax classi cation of His person whose name is enfa ed on 5ne I . Check Only one of the d Exwnptbnn (codas apply Wy to Mm -fallowing seven boxes. certain entities, not Individuots: sea CL insU=Oons on o n✓ krdNlduaVsofe proprietor or ID C CorpOrauon P�9a single -member LLL ©3 Coglorat4on ©parrnarship [�] TrosVequata I Exempt payee code (t any) Ur ited lat lity company. Enter the tax dasstflcstton (C -C capOrattan, S -S corporation, Npannerahip)1t Note: Check the appropilate box In the line above for the tax ctassi5cagon of the singkrimomtxx "wrist. Do trot check Exemption from FATCA reporting LLC #the LLC Is classed as a "ie-mamber ILC that is dsmgarded from tie owrior untess'the owner ofthe LLC is code (rf any) a smother LLC that is not disregarded frena the owner for U.S. federal tax praposs& Cther of ie, a single -member LLC that is M Qdweaarded from trOns)e owner ld check the approprMs box forthe tax cfassiNcatirn of its "caner. �� ........,__ .� rr0„[CGwhr4 mitWhr•douhWlWaej 6 Address numbs; street, and apo or sautQ _,._....._._..{ � __. J �. I ttequastar's narrte arxt ams {oPt%nat) 2389 Rosegate co { 6 Ctty, stats, ar Zip node Roseville, MN 55113 7 Last account numbet(s) hero (optionaD ....... _ TaXMer Identification Number (TIN) nter tsole ur TIN In the a provided given tine 3 avoid (backupwikhhold5t. For Individuals, this Isgeneraifsesocial security p�(SS4. However, far a residentpr entity, a instructionsctions # rt taieec:a tr n, um � j 1, lamer, For other I� entities, it Is your empkiyer identification number (EtN). if you do not have a number, see Now to gats ....i....,., s i TM, later. or Note: If the account is in more than ono name, sea the instruotions for fine 1. Nso see MW Narna and PlOyei idemttacratlon riu,nhQr -j Number To Wire rite Requester for guidelines on whose number to enter. 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to mc); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the iRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA coda(s) entered on this form (f any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions.. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and divkleno,�_w yW tax Mum. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured proW.t , cancekalon of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends„- ou are not FeWirTj tri sign the certification, but you must provide your eomid TIN. See the instructions for port il, later. ft signature of US Perim 0, General Instructions Section references ora to the Intend Revenue Code unless otherwise noted Future developments. For the latest information about developments related to Form W-9 and fts Instructions, such as legislation enacted aster they were putifshsd, go to www.irs.r,�cmfFrum1V9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (rtM which may be your social security number (SSI4, indfviduoi taxpayer identification number (MN), adoption taxpayer identification number (ATiM, or employer identification number (FJN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1 099-fNT (Interest earned or paid) pre• t 1,R 9i 1 • Form 1089-!) f (dividends, Including those from stocks or mutual funds) • Form 1o9J-mlSC (various types of ir—me, prizes, awards, or gross Proceeds) • Form 1059.8 (stock or mutual fund sales and certain other transactions by brokers) • Fort t 059-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1099-E (student loan Interest), 1098-T (iuitton) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Uso Form L^1-5 only 0 you ata a U.S. person (inciudahj n resideent atie-)), to provide ).Our erorreet'r7W. Ifyou do not retum form W -s to the requester with a TIN, you might basubled to backup withholding. See What is backup withholding, later. -,�.__ __...._.-_._..,._... Cat No. 10231X Form tCsf-9lttov. to -2615) Affidavit of ComA ante Taizo Water Authoritc Re: 11313-19-063 Supply & Delivery of Hydrofluosilicie Acid This is to certify the Hydiofluosilicic Acid (HFS 23°l0) referenced above and furnished by Hawkins, Inc., is in complete compliance with ANSI/NSF 60 and all specifications. If you have -any additional questions, please feel free to contact me. Raymond C. Pool SE Region Manager Sworn to & Subscribed before rue this 191 day of March 2019, 1 4 Marcia Stivanson 1'ubliOFOWW"rida * yp�9lnN1t86010� * e k5t13D.28�D ��'oris� Byy„e7yubdpNl�lr 2263 Clark Street * Apopka * Florida * 32703 March 19, 2019 Toho Water Authority RE: IFB-19-063 Supply & Delivery of Hydrofluorosilicic Acid This to certify that Hawkins, Inc. is the manufacturer, distributor and deliverer of the product. Company personnel load the company owned trucks and the product is, delivered by Hawkins employees so at no time would there be the opportunity for the product to be tampered with during the packaging and shipment of the prodLiCt. In addition, Hawkins, Inc, certifies they will supply Toho Water Authority with the direct fill-in method which onsures the NS,17-00 certification chain of custody is not broken and remains valid. All Hawkins employees are screened and approved through E -Verify. If you have any further questions please feel free to contact me. Sincerely, Raymond Pool SE Region Manager 2263 Clark Street, Apopka, Florida 32703R. ®r 1"', T: 800-330-1369 F. 800-524-9315 't lk J HAWKINS, INC. HAWKINS WATER TREATMENT GROUP To: All HFS Customers Ref.: Hawkins Hydrofluosilicic Acid Manufacturing Process From time to time we receive questions concerning our HFS 2300. Most of the questions are in reference to the origin of materials and contaminant content. We have prepared the following information so that you can have a good understanding of our process., Source of Raw Materials: Our raw materials are mined specific -ally from veins of fluorspar in the earth's crust. The pure fluorspar that is extracted is then manufactured into the final product that meets all drinking water standards. This is very different from the more common mining process that takes HFS from a by-product stream produced during phosphate mining. Processing by Hawkins: Hawkins manufactures HFS at a 23% solution which is the most commonly used concentration in the US, Our manufacturing process ensures a consistent 23% concentration without a fluctuation in strength, If desired, we have the ability to produce different strengths of concentration. The product is then stored in large polyethylene tanks and finally packaged in drums, totes or shipped in tankers to the final destination, This entire manufacturing process is visited twice a year unannounced by Underwriter's Laboratory (UL). UL is the ANSI accredited agency that certifies that the raw materials, and manufacturing process meet all requirements of the NSF Standard 60 for Drinking Water. During these visits, the entire process is observed and samples are taken of finished product for extensive testing in the UL laboratories. Contaminants: The most common contaminant associated with HFS is Arsenic. We are fortunate that our fluorspar has very low contents of Arsenic. Hawkin's HFS 2300 typically contains only I ppm of Arsenic while the more common by- product material contains up to 35 ppm. In addition, the total Heavy Metals content is less than half that of the byproduct material. (See attached Certificate of Analysis) Summary: The HFS 2300 is the highest quality Hydrofluosilicic Acid that is currently available in the US. It is water white and low in Arsenic and Heavy Metals. This higher level of quality is achievable since, it is not just a by-product of another process, but is a manufactured product that is designed for use in public drinking water systems. Hawkins, Inc. — 2263 Clark Street, Apopka, FL 32703 800-334-1369 FAX: 800-524-9315 WA T F It, N i�iI ATh I Whg; T A HAWKINS COMPANY GENERIC CERTIFICATE OF ANALYSIS Trade Name: HFS2300 Chemical Name: Hydrofluosilicie Acid, 23% solution Lot #: 021216 Manufactured by: Hawkins Distribution Center ........... . .. . . PROPERTY SPECIFIED Certified to ANSYNSF Std 60 Appearance Assay, % H2SiF6 HF, % Specific Gravity Heavy Metals, % as Pb As, % Clear, water white liquid 22.0-24.0% 1.0 max 1.18-1.22 0.0002 max 0.0002 max 1'N'TICU, Pass Pass 23.1 0.385 1.20 0,00006 I certify that all tests as stipulated in the required specifications were performed in accordance with approved test methods and that the results as reported are true, correct and within specified limits. Mike Hilinski/Joe Saimbbo Technician Hawkins, Inc. 2263 Clark St., Apopka, FL 32703 800-330-1369 FAX: 800-524-9315 W % I I '% r m )'N 2300 Tech Sheet F)t *. Hydrofluosillicic Acid FluorosilicicrWIlu ANSI/NSF Standard 60 Certified • Consistent 23% Solution • Conforms to AWWA Std 6703-00 • Low In Arsenic and Heavy Metals - --------- Usage HFS 2300 is used for fluoridation of drinking water. It Is a crystal clear product that is manufactured consistently as a 23% solution. Since it -is a manufactured product, it is very low in Arsenic and Heavy Metals. This makes it a good choice as a source of fluoride, since you are minimizing the addition of other undesirable elements to your system. Description Appearance Clear liquid % H2SIF6 23% Specific Gravity 1.19.-1.22 pH <2.0 As, % 0.0005 max Heavy Metals, % as Pb 0.01 max Application This product should be applied using a metering pump and can be fed neat from the storage vessel without dilution. A day tank is required in most jurisdictions. Optimum dosage is 1 ppm as fluoride (F). Handling HFS 2300 is a corrosive and hazardous product but does not have a reportable spill quantity. Refer to UN1778 of the DOT guidelines. Avoid contact with skin or eyes and wash affected areas with water if contact is made. Refer to the MSDS for more detailed instructions. Shipping HFS 2300 is packaged In drums and totes as well as in bulk tanker loads and smaller through our Mini -Bulk service. Packaging should be non-metallic and non -glass, Customer Service Hawkins can provide a complete chemical feed program to meet your water quality needs including equipment and set up. We deliver all chemicals used for drinking water systems and most are available through our Mini -Bulk service. For complete details on all of our products and services, please contact Hawkins South East Distribution Center (800)330-1369 The Information provided has been obtained from sources believed to be reliable and is accurate to the best of our knowledge. Government regulations and standards change without notice. Further, handling and use of the product is beyond our control. Hawkins provides no warranties, either expressed or implied, and assumes no responsibility for the accuracy or completeness of the data contained herein. This information is offered for your consideration and investigation. You should satisfy yourself that you have all current data relevant to your particular use. Hawkins, Inc. —2263 Clark Street, Apopka, FL 32703 800-330-1369 FAX: 800-624-9315 -SAFETY DATA SHEET Version I Product Name: Hydrofluosillcic Acid 23% UN11D No UN1778 Synonyms, Silicate (2-) Hexalluoro-dehydragen, Hydrofluorosilicic Acid, Fluosilicic Acid, HFS, FSA Formula: H2SIFi CgMpanX Name - Hawkins, Inc„ 2381 Rosegate, Roseville, MN 65113 (612-331-6910) Emmen2V202phollo, CHEMTREC (US): 1-800.424-9300 GHS - Classification Signal Word: Danger Hazard Statements: • Toxic if swallovied • Causes severe skin burns and eye damage • Harmful to aquatic life with long tasting effects • May be corrosive to metals Precautionary Statements: Page 1 18 42894 Hydroilluoslilcic Acid 23% • Do not eat drink or smoke when using this product • IF SWALLOWED: Immediately call a POISON CENTER or doctor/physician • Rinse mouth • Do not breathe dust/furnetgasimisttvapors/spray • Wash face, hands and any exposed skin thoroughly after handling • IF SWALLOWED, Rinse mouth. Do NOT Induce vornifing • IF ON SKIN (or halO: Remove/Take off Immediately all contaminated clothing. Rinse skin with water/shower • Wash contaminated clothing before reuse • IF INHALED: Remove victim to fresh air and keep at rest In a position comfortable for breathing • Store lacked up • Weer protective gloves/protective clothingleye protection/face protection • IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing • Immediately call a POISON CENTER or doctor/physician • Avoid release to the environment • Dispose of contents/ container to an approved waste disposal plant • Immerse In coot water/wrap in wet bandages • Absorb spillage to prevent material damage • Store in corrosive resistant aluminum container with a resistant InUner 3L -C jAsitioli.l*ttf,irmatl6tr-i)W-,(n6d@�—h IC t = —reewe General Advice: Immediate medical allen(ion is required, Eye Contact: Keep eye wide open while rinsing. Immediate medical attention is required, Rinse Immediately with plenty of water, also under the eyelids, for at least 15 minutes. Do not rub affected area, Skin Contact: Immediate medical attention is required. Wash off Immediately with soap and plenty of water while removing all contaminated clothes and shoes. Inhalation: Move to fresh air. Call a physician or poison control center Immediately. If not breathing, give artificial respiration. If breathing Is difficult, give oxygen. Ingestion: Do NOT Induce vomiting. Never give anything by mouth to an unconscious person. Drink plenty of water. Immediate medical attention Is required. Remove from exposure, lie down. Clean mouth with water and drink afterwards plenty of water. Call a physician or poison control center Immediately. Note to Physicians: Product Is a corrosive material. Use of gastric lavage or emesis is contraindicated. Possible perforation of stomach or esophagus should be Investigated. Do not give chemical antidotes. Asphyxia from glottal edema may occur. Marked decrease In blood pressure may occur with moist rates, frothy sputum, and high pulse pressure. Treat Symptomatically. Self-protection of the First Alder: Use personal protective equipment as required. Avoid contact with skin, eyes or clothing, -WhUfn ;.""Iib. " Flammable Properties: Not considered to be a Ire hazard Page 218 42694 Hydrofluostficic Acid 23% Exploslyo Properties: Not considered to be an explosion hazard Suitable Extinguishing Media: Use extinguishing measures that are appropriate to local circumstances and Ine surrounding environment Unsuitable Extinguishing Media: No Information available Specific Hazards Arising from the Chemical: The product causes burns of eyes, skin and mucous membranes, Thermal decomposition can lead to release of irritating and toxic gases and vapors, In the event of fire and/or explosion do not breathe fumes Protective Equipment and Precautions for Firefighters; In the even! of a fire, wear full protective clothing and MSHAINIOSH (approved or equivalent) self-contained breathing apparatus with full faceplece operated in the pressure -demand or other positive pressure mode Personal Precautions; Use personal protective equipment as required. Evacuate personnel to safe areas. Avoid contact with.skiri, eyes or clothing: Keep people away from and upwind of spIlitleak, Environmental Precautions: Do not allow into any sewer, on the ground or Into any body of water. Should not be released Into the environment. Prevent further leakage or spillage if safe to do so, Prevent product from entering drains, Methods for Containment: Prevent further leakage or spillage If safe to do so, Cover powderspill with plastic sheet or tarp to minimize spreading. Dike far ahead of liquid spill for later disposal. Methods for Cleaning Up, Dike far ahead of liquid spill for later disposal. Soak up with inert absorbentmaterial. Take up mechanically, placing In appropriate containers for disposal. Cfean contaminated Surface thoroughly. Prevent product from entering drains. Dam up. After cleaning, flush away traces with water. Other Information: Not applicable_ Advice on Safe Handling: Use personal protective equipment as required. Avoid contact with skin, eyes or clothing, Use only with adequate ventilation. In case of Insufficient ventilation, wear suitable respiratory equipment. Use only with adequate ventilation and in closed systems. Storage Conditions: Keep container tightly closed in a dry and well -ventilated place. Keep out of the reach of children, Keep containers tightly closed In a dry, cool and well -ventilated place. Keep in property labeled containers. Incompatible Materials: Strong acids andbases; Oxidizing agents ;ChritttlCel:ftatrto "" TWA J-7, Fluorcil Ido add TWA: 2.6 mg d. 2. 5 tvacsted) TWA- 2,5 m 10 Hydrogen n —fl u—orl d a 0.5 ppm TWA: 2.5 mg/in3 i TTNA: 4.5 m 5 rrialm3l' —1 _WA. F 8 ppm STFLas F CEV. 2 ppm S* Skin I ceilim: 2 Porn F STEL 5 Page 3/8 42894 Hydrofluosillcic- Acid 23% Hydrogen fluoride 'TWA 1.8 ppm 2 PP d@�.—,q—.-3 3 TWA 1.5 mg/ml S T EaIL: 5 Gelling:Ceiling:2.5 IM] 123 PPM I STEL 3 ppm :05P '0.5 ppm OPeak TWA. 2.6 mlilm, 17 Ceiling: M 2.6 rrit;l 2.6 nighn$ Peak TWA: 2,6 trVm3 I STEL 2.5 mqW ceilin� I— I Exposure Guidelines Vacate limits revoked by the Appeals peals W67n in ArL-CIO pShtA, 4165 p 2d 4)G2 I 1u) 1jif., 11:%k#Z) Engineering Controls: Ensure adequate ventilation, especially,in confined areas Personal protective equipment (PPEJ EyelFace Protection: Tight sealing safety goggles. Face protection shield, Body Protection: Gloves made of plastic or rubber. Suitable protective clothing. Rubber boots. Wear impervious protective clothing, lothing, including boots, gloves, lab coal, apron or coveralls, as appropriate, to prevent skin contact. Mar chemical resistant clothing such as gloves, apron, boots or whole bodysuits made from neoprene, as appropriate. General Hygiene Considerations: When using do not eat, drink or smoke. Wash contaminated clothing before reuse. Keep away from food, drink and animal feeding stuffs. ContamInaled work clothing should not be allowed out of the workplace. Regular cleaning of equipment, work area and clothing Is recommended. -Avoid contact with skin, eyes or clothing. Take off all contaminated clothing and wash It before reuse. Wear suitable gloves and eye/face protection. [I 6c a —11b rnidd.- 66�6 9.1. Information on basic hys(caf and chemical sroi�erttes Physical State: Liquid Appearance., No Information available Color. Colorless Proriet[y. PH: "Salt OuV'Polnt (°F): Melting Point/Freezing Point: Boiling PointlBolling Range: Flash Point: Evaporation Rate (BuAc=l): Flammability. (solid, gas)., Flammability Limits in Ain Upper Flammability Limit: Lower Flammability Limit: Vapor Pressure (mm Hg) Vapor density (Air =1) Specific Gravity (HaO=1): Specific Gravity (2nd value). Water Solubility, solubillty(los), pallillon Coefficient (n-octanoliwater) Autolgriltion Temperature-, Decomposition Temperature: Kinematic Viscosity, Dynamic Viscosity: Oxidizing Properties: Explosive Properties: Values 1.0 105 'C f 221 'G 24 @ 20 -C a1 1.23 Miscible in all proportions in water No information available No information available p.2, Other Information Softening Point; No Information available Molecular Weight; No Information available VOC Content(%): No information available Density: No Information available Bulk Density: No Information available % Volatiles by Volume @ 21*C (70*F)- 100 Page 418 Odor. Odor Threshold: Remarks - Method No Information available No Information available No information available No Information available No information available Denser than air No information available No information available No Information available No information available Pungent No Information available 42894. Hydrofluosilicic AcId.23% 110'.-StAbiflt -ii� yy� cIAOictlivit Stability,, Stable under normal conditions of use and storage Conditions to Avoid: Exposure to air or moisture over prolonged periods Incompatible Materials: Strong acids and bases, Oxidizing agents Hazardous Decomposition Thermal decomposition can lead to release of irritating and toxic gases and vapors Products: . Possibility of Hazardous Reactions: None under normal processing S, Product Information Acute Toxicity: 0% of the mixture consists of ingredient(s) of unknown toxicity. The following values are calculated based on chapter 3.1 of the GHS document Chroolgloxft: Carcinogenicity: This product containsoner or more substances which are claBaffied by IARC as .carcinogenic to humans (Group 1), probably carcinogenic to humans (Group 2A) or possibly carcinogenic to humans,(Group 28) ' tidtionai Auency iror Kesearcn or) uancer) Not classifiable as a human carcinogen Target Organ Effects; Eyes, Respiratory system, Skin Ecotoxicily 76% of the mixture consists of components(s) of unknown hazards to the aquatic environment Harmful to Oquatlo life with long lasting effects Toxicity - to daphnia - Mat C InVertablifibs-.' Fluero Ic acid LC50 static 28,7.96h PArnephates jlvo;:i�— -J:Tff��Ids M, � 7, L C$o stalk, ell —Ced. Wi-h-L'—eudscus Idas mg1L h —Daphnfa species mo LCW C.C50 Persistence and Dogradability: No information available. Bloaccurnulation.- No Information available. Page 618 42894 Hydrofluosilicle Acid 23% Mobility: No information available. 73;-.D - ----- Waste from Residues/Unused Disposal should be In BCCOrdanCe With applicable regional, national and local laws and Products: regulations Contaminated Packaging: Do not reuse container; [44..Tei4s-� t 16f7d �iltjofv DOT Proper shipping name Haiard Class UNIID No Packing Group Descilption FLUOROSILICIC ACID a UNV78 PG 11 UN1778, FLUOROSILICIC ACID, 8, PG 11 Injorspilool imronCorlsa All of ilio compononts in tho product 11ro, an the following Inventory lists: TSCA (United States):, Canada (DSUNDSL), Europe (EINECSIELINGSINLP). Australia (AICS), Soulh,Korea (KECL),, China (!ECSC), Philippines (PICCS), This product contains a substance not listed on international Inventorios - It is for research and development use only. AICS complies TSCA Complies DSUNDSL complies EINECS15LINCS Complies ENCS IECSC complies KECL Complies PJCCS Complies AICS, - Australian inventory of Chemical Substances TSCA - United States Toxic Substances Control Act Section 8(b) Inventor/ DSLINDSL - Canacrian, Domestic Substances Llit/Non-Domesfic, Substances List EINECSIELINC$ - European Inventory of Existing Chemical Substances/European List of Notified Chemical Substances ENCS - Japan E)dsffng and Now Chemical Substances ISCSC - China Inventory of E)dsllng Chernloal Substances KECL - Korean Existing and Evaluated Chemical Substances PICCS - Philippines Inventory or Chemicals and Chemical Substances Page 618 42894 Hydrofluosillcle Acid 23% RESTRICTIONS -REACH TITLE W Noinformation avaliable US Federal Ro ulations, CERCLA This material, as supplied, does not contain any substances regulated as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (40 CFR 302) or the Superfund Amendments and Reauthorization Act (SARA) (40 CFR 365). There may be specific reporting requirements at the local, regional, or state level pertaining to releases of this material em ca Name CERCLA I Hazardous &u_W"ces SARA Extremely Hazardous I SARA Extremely Hazardous 1 and the Reroirtable Quantities 1 Substances EPCRA RQ Substances TPQ Hydrogen fluoride 100 lb 45.4 SARA 313 -Section 313 of Title III of the Superfund Amendment; and Reauthorization Act of 1986 (SARA). This product Contains a Chemical or chemicals which are subject to the reporting requirements of the Act and Title 40 of the Code of Federal Regulations, Part 372 SARA 31 1(312 Hoz rd Cat - . to-oorign Acute health hazard Yes Chronic health hazard No Fire hazard No Sudden ralea" of pressure hazard No Reactive hazard No U.S.'Stite A hi -to -Know Regulations Callfornia'ProposItIon 65. -, This product does not contain any r-roposilion 6s chemicals 36 atharinforrnatiorr ............. National Fire Protection Association (NFPA) hating -is NIVIANS160 CertIfIcation U oL WATER QUALITY Page 718 42884 Hydrofluosilicie Acid 23% maximum Use (mgil. unless otherwise indicated): Prepared By: HSE Department tssuo onto: 04 -Sep -2094 Revision Date: 26 -Kray -2016 Revision Note: New product Vertex Chemical Corporation ("Vertex"} expressly disclaims all express or implied warranties of merchantability and fitness for a particular purpose, with respect to the product or information provided herein. Ail information appearing herein is based upon data obtained from the manufacturer and/or recognized technical sources. While the Information is believed to be accurate, Vertex makes no representations as to Its accuracy or sufficiency. Conditions of use are beyond VerteXs control, and, therefore, users are responsible to verify this data under their ofant operating conditions to determine whether the product Is suitable for their particular purposes, and they assume all risks of their use, handling, and disposal of the product, or from the publication or use of, or reliance upon, Information contained herein. This Information relates only to the product designated herein, and does not relate to its use In combination with any other material or in any other process. End of Safety Data Sheet Page 818