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2304 Odyssey Manufacturing - piggyback - Sodium HypochloriteThe item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order Mayor's signature F-1 Final Plat (original mylars) ❑ Recording R Letter of Credit ❑ Rendering F-1 Maintenance Bond Safe keeping (Vault) [-1 Ordinance ❑ Deputy City Manager ❑ Performance Bond F-1 Payment Bond ❑ Resolution ❑ City Manager Signature D F] City Clerk Attest/Signature F-1 City Attorney/Signature Once completed, please: — Return originals to Purchasing- Department F-1 Return copies El Special Instructions 1-i,v�..� 13oya4zqev- 2-12-1-� ',2-(D2-\ From Date SharePoiiit—F'iiiance—ilui-cliasiii- Forms - 2018.doc Odyssey Manufacturing Co.. Piggyback Contract (PBA 20121-12) (Sodium Hypochlorite) 1 The City of Sanford ("City") enters this "Piggyback" Contract with Odyssey Manufacturing Co., a Delaware corporation (hereinafter referred to as the "Vendor"), whose address 1484 Massaro Boulevard, Tampa, Florida 33619, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" i contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or inform al quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the government of Daytona Beach, Water/Wastewater Chemical or "T1027-20561", as may have been amended, in order for the Vendor to provide goods and services relating to the City's need for sodium hypochlorite (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, UICIL LIM City Will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. Additionally, the letter, dated October 19, 2020, from Patrick H. Allman to Lindsey Bojadzijev, attached as Exhibit "B" is incorporated into this Agreement. 1 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 i provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: N/A. (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). (b). Insurance Requirements of this Contract: (state N/A' if this is not applicable). N/A. (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, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Marisol Ordofiez, Purchasing Manager, Finance -Purchasing Division, 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 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 CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 118, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF 31 Page C'TY HALL, 300 NORTH PARK AVENUE, SANFORD, 32771 1 SANFORDI TRACI.HouCHIN@SANFORDFL.GOV. In order to comply With Section 119.0701, Florida Statutes, public records laws, the Vendor must: that ordinarily and (A). Keep and maintain public records necessarily would be required by the City in order to perform the service. access to public records on the (13). Provide the public with same to and condiCity would provide the records tions that the provided in Chapter and at a cost that does not exceed the cost d by law. i 119, Florida Statutes, or as otherwise provide are exempt Or (C).Ensure that public records that fidential and exempt from public records disclosure con law requirements are not disclosed except as authorized by (D).Meet all requirements for retaining public records and transfer, at no cost, to the city all public records in possession of rmination of this Contract and destroy any the Vendor upon te confidential and exempt duplicate public records that are exempt or nts. All records stored from Public records disclosure requireme in a format that is electronically must be provided to the City V systems of the City. compatible with the information technology stems 4 page (111). If the Vendor does not comply with a public !records I 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. 0). 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: �-Sidelko, 'esident/Secretary Attest: Odyssey Manufacturing Co., a Delaware corporation. BV( Marvin7kakes T President Date: /U, 2 L City OkSa By: Traci Houchin, City Clerk, IVIMC, FCRIVI C Approved as to form and legal s lid -m L. C61bert City AttdI f L= i t 2- 6 1 P a g e Exhibit "B" [Attach original government contract documents] Exhibit "B" [Attach letter, dated October 19, 2020, from Patrick H. Allman to Unds6y Bojadzijev] 81 Page ODYSSEY MANUFACTURING CO. December 11, 2019 To Whom It May Concern, WHEREAS, the Board of Directors of Odyssey Manufacturing Co. has determined it to be in the best interest of the Corporation to establish a Corporate Resolution. Be it: RESOLVED, The undersigned hereby certifies that Patrick H. Allman, its General Manager, is authorized to sign bids and all bid forms; to execute agreements and any documents associated with these agreements; and to sign any permit documents on behalf of Odyssey Manufacturing Co. Additionally, the undersigned is the duly elected and qualified Secretary and the custodian of the books and records and seal of Odyssey Manufacturing Co., a corporation duly formed pursuant to the laws of the state of Delaware and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on March 28, 2019, and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 28th day of March, 2019. CORPORATE SEAL Stephen Sidelko, Secretary October 19, 2020 Ms. Lindsey Bojadzijev Purchasing Coordinator City of Sanford Finance and Purchasing Department 300 North Park Avenue Sanford, Florida 32771 Re: PROPOSAL TO SUPPLY BULK SODIUM HYPOCHLORITE TO THE CITY OF SANFORD UTILITIES DEPARTMENT FOR FY 2021 Dear Lindsey, As you know, the City of Sanford has been "piggybacking" Clay County's bid for Odyssey Manufacturing's Ultra Chlor 12.5% sodium hypochlorite at a unit price of $.69 per gallon for the past three years. This bid expires on November 7, 2020 and has no more renewals left. As such, Odyssey agrees to permit the City of Sanford to piggyback its recent Ultrachlor 12.5 Trade Percent sodium hypochlorite for the firm Jump sum price of $.65 per gallon effective November 8, 2020 through September 30, 2021 to your "bulk" tanks at any of your Utility sites that are tanker accessible (NET 30). This price is fixed and not subject to any escalation or fuel or other surcharges during this period. The contract has four one-year renewals left. I have attached a copy of the bid package, bid, minutes of meeting showing award, bid tab and renewal letters. Kirk Zimmerman is the point of contact with the City of Daytona Beach@ 386-671-8080. Odyssey guarantees deliveries on 48 hours' notice. However, in no event, will Odyssey Manufacturing ever let you run out of bleach for cy deliveries on a much shorter notice with no minimum delivery any reason and will make emergen required at no additional charge. Additionally, Odyssey would agree to meet the attached "Product Guarantees" that was incorporated into our proposal to Daytona Beach. In addition to the guaranteed pricing, the City of Sanford will achieve additional cost savings in two areas with the Odyssey Ultrachlor. First, Odyssey Ultra Chlor contains virtually no metal impurities. This lack of metal impurities (primarily nickel and cobalt) means less gassing of the bleach which is a form of decomposition and translates to a significantly longer half-life (e.g., lower decomposition rate) on the order of magnitude of 10% to 100%. This factor by itself should decrease total consumption by approximately 10% or so depending on how long the product is stored prior to being used thus resulting in cost savings. Additional cost savings will also result from reduced O&M. expenses since you will not have any feeder system pluggages caused by high suspended solids (e.g., the black goo on the inside of sodium hypochlorite tanks) or gassing (from metal impurities). Other benefits include reduced bromate levels (a known carcinogen which became regulated in drinking water beginning January of 2004) and reduced perchlorate and chlorate levels (EPA has stated that they intend to regulate these substances in drinking water when moox re ty data from ongoing studies is available). Another advantage is that Odyssey never misses a delivery! As the longest run chlor -alkali to bleach manufacturing facility in North America, Odyssey Manufacturing Co. can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on-site out of highly purified salt and dernineralized water utilizing a membrane cell electrolysis process. Our process is unique and proven. Not only does our process result in high quality bleach but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. This is the reason we can offer this fixed pricing with no price protection for the upcoming year while providing a Superior quality product; Thank you for your consideration. As you know, we have provided the City of Sanford superior service over the past sixteen years providing the best product in the marketplace and never missing a delivery. Additionally, we have provided extensive technical expertise with regard to your chemical systems and even installed chemical systems at all of your water and wastewater treatment plants including significant engineering assistance at no charge. Please call me if you have any questions. We look forward to the opportunity to continue to serve your sodium hypochlorite needs in the future. I have previously provided you a product brochure, process flowchart, Safety Data Sheet (SDS), copy of our NSF certification, and a copy of our insurance certificate. Additional information on our product or company can be found on our website @www.odysseymanufacturing.com. Please do not hesitate to contact me at (813) ODYSSEY or cellular (813) 335-3444 if_I can be of further assistance. Thanks again for Your business and continued support. Sincerely atrick H. Allman General Manager CONTRACT FOR SODIUM HYPOCHLORITE THE PARTIES TOTHIS Contract are the City of Daytona Beach, a Florida municipal corporation ("City") and Odyssey Manufacturing Company, a foreign profit corporation ("Contractor"). |nconsideration oYthe mutual covenants herein contained, the parties agree aufollows: Section 1. Scope of Services. Contractor will provide sodium hypochlorite tothe City amfurther described inITB 2U581attached hereto and incorporated herein byreference. Section 2. Compensation and P entm The City will pay the Contractor a unit price of*65 per gallon easet forth inthe price oohedmVeincluded inthe Contno�mhmbk]`This unit prkmwiUbathaContractor's nokacompensation for the aem/cooprovided. Section 3. Incorporation of ITB and Offer Package. The City's Invitation to Bid,(ITB) 2056.1, and any Addenda are incorporated herein as Exhibit X The Contractor's Responsive Offer is attached as Exhibit B. In case of conflicts between the Solicitation, 'Exhibit A, and the Offer, Exhibit B; Exhibit A (the ITB) will govern. In case of conflicts between Exhibit A and other provisions of this Contract, this Contract will Section 4. Notice. Unless otherwise upon the Parties will be delivered by hand, delivered by a courier Service, provided to a nationally recognized delivery Service for overnight delivery, transmitted to a receivi , ng fax machine followed by hard copy within two days, or by U.S. mail, postage prepaid by registered or certified mail, return receipt requested, to the addresses set forth herein: To the To Contractor: Attn: Shannon Ponitz Attn: Patrick Allman Utilities Director Title: General Manager The City ofDaytona Beach Contractor: Odyssey Manufacturing Company 125Basin Street, Suite 204 Address: 1484Massaro Blvd. Daytona Beach, FL 82114 CTampa, FL 33819 Fax: 386`6/1.8805 Fax: 813.630.2589 provided, however, that either Party may change the person or address designated for receipt of the Party's notices, by providing written notice to the other Party. Section 6. Authority to Bind Contractor. The undersigned representative of Contractor represents and warrants the hemshe is fully authorized to bind Contractor to the terms and conditions of this Contract. Section 6. Integration. This Contract represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by either Party except as expressly set forth herein, or in other contemporaneous written agreements. Section 7. Effective Date and Term. The Effective Date of this Contract is the date on which the last Party signs it. The Term ofthis Contract is year, commencingthe Effective Date. The CITY will have the option to renew this Contract for up1o4Terms of1year written notice. Such m�iuemust bepmyidadc$least SOdays before the end ofthe current Term, unless waived by CONTRACTOR. Section 8. Price Escalation/DeEscalation (PPI) The City may allow a price escalation provision within this award. The original Contract prices shall be firm for the entirety of the initial Contract period. A price escalation/de-escalation will be considered at the time of Contract renewal and at 12 -month intervals thereafter, provided the Supplier notifies the City, in writing, of the pending price escalation[de-escalation a minimum of sixty (60.) days prior to the Contract renewal Page 1m28 date. The base price Will be the beginning of the latest. period during which the adjustment is requested. For example, if annual adjustments are. permitted under a five-year contract, but the Supplier doesn't request an adjustment until 60 days prior to year 3, the base period would be the beginning of year 2. A price escalation shall be based on the latest version of the Producer Price Index (PPI) – Final Demand Index for Goods/Total, as published by the'U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov. The maximum escalation for any period will be 4%. Price adjustment shall be calculated by the monthly percent change since the beginning of the latest period. IN WITNESS WHEREOF, the Parties through their Undersigned representatives have caused this Contract to be executed in duplicate original. THE CITY Z,"(2 � By: &&Iovelacj.�e— J es V. Chisholm, City Manager Dat Attest: Letitia LaMagna, City Clerk By: form: Robert Jagger, Cit Attafney/ Chemicals ODYSSEY MANUFACTURING COMPANY By: Prin Title Dale' 7'" - Page 2 of 28 0 D Y.S S EY MANUFACTURING CO. March 28, 2019 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS, BID FORMS, CONTRACTS & PERMITS. ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom It May Concern, WHEREAS, the Board of Directors of Odyssey Manufacturing Co. has determined it to be in the best interest of the Corporation to establish a Corporate Resolution. Be it: RESOLVED, The undersigned hereby certifies that Patrick H. Allman, its General Manager, is authorized to sign bids and all bid forms; to execute agreements and any documents associated with these agreements; and nd to sign any permit documents on behalf of Odyssey Manufacturing Co. Additionally, the undersigned is the duly elected and qualified Secretary and the custodian of the books and records and seal of Odyssey Manufacturing Co., a corporation duly formed pursuant to the laws of the state of Delaware and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that, said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on March 28, 2019, and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 281" day of March, 2019. CORPORATE SEAL Stephen'lTi-delko'�,�ecre �ary� - Exhibit A Commodities (6.5.20) THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE OF SPECIAL PROVISIONS (COMMODITIES). SECTION 1: DEFINTIONS. Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this Solicitation: Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify; correct, or change the solicitation documents or Contract documents., Also means Addendum. D-2 Bidder– one who submits a response to a. Solicitation. D-3. City means the City of Daytona Beach, unless the context indicates otherwise, includes the City's officers, employees, and agents. D-4., Commodities means the supplies, materials, Goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract. References to Goods shall mean Commodities. The Commodities are generally set forth in the Price Sheet. D-5. Contract means the form Contract, if any, required by the City in order to integrate all terms and condition's therein, provided by the City for the Bidder's execution and includes 1) the Solicitation documents 2) the Offer Package, 3) the Resolution or Ordinance approving award of this Contract 4) all Purchase Orders issued pursuant to the Solicitation documents 5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other solicitation documents. Also means an agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document. D-6, Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as h,ardcopy. The City shall determine legibility and acceptability for public record purposes. D-7. Florida Prompt Payment Act means F.S. §§ 255.0705-255.078, as amended from time to time. D-8. Goods means Commodities. D-9. Local Vendor means a person or business entity which has maintained a Permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the solicitation fully complies with state and local laws, including City zoning and licensing ordinances. D-10. Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Bidder. It includes instructions for completing and submitting any Contract that accompanies the NOL D-11, Offer means Solicitation Response, Submission, Submittal, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed. Also means Offer Package. D-12. Offer Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time. Page 3 of 28 Exhibit A Commodities (6.5.20) D43. Offer Phase means the period of time between the posting ofthe Solicitation and the deadline (date and time) for which Offer Packages must be submitted. D-1 4. remaining inthe Offer Phase, 2)the Negometrix clock used to determine when the Offer -Deadline _expires. D45. Platform means NegornetTix, the software currently used by the City, All communications regarding this solicitation will be posted at www.codb.us/841/i�urchasing through the I Public Solicitations link. Bidders MUST submit Offers through the Pfatform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company recordsi 2) Post and issue City solidtabon packages for Bidders from inception to award of a solicitabon, 3) Allow Bidders to submit an Offer Package online, elect:ronically, through the Platform, 4� Allow Bidders to view all public record documents related to an Online Solicitation. D -1 6 -Pricing Sheet: Thoareawithin the Platform where Bidders WiVprovide their pricing response for the Solicitation. Also known ouPrice sheet. D-17. Purchase Order means a written document to a Supplier formalizing the terms and conditions of a proposed transaction, D-18. to Bidder that has the necessary skills, ability, napuody, and capability to perform the work required under aSolicitation and is otherwise eligible for award. [-1G. means conforming in all nampecho to the Solicitation Package, except minor irregularities.'— D-20. RESERVED D-21 Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses, Offers, orsubmittals from eligible Bidders, The information may bain the form of electronic documents, files, and information contained in data fields in the Platform. D-22. Supplier: Bidder, Contractor, Company, Rnapondent, or Proposer to whom the Contract is awarded. D-23. Tabulation Sheet meansthe opening results ofaSolicitation. The Bidder's name, City, and Offer pnoewill berecorded for Invitations mBid, D-24. Term Contract meansaContract inwhich osource ofsupply isestablished for ospecified period cftime for specified Commodities mtspecified prices. END OFSECTION Page 4 of 28 Exhibit A Commodities (6.5.20) SECTION 2: INSTRUCTIONS TO BIDDERS IB -1. SOLICITATION DOCUMENTS. The Solicitation Documents consist of the information Page; these Instructions; General Provisions; Special Provisions, if any; Technical Specifications, if any; Insurance Requirements; the Offer Package, and all additional forms provided by the City as part of this Solicitation that are required to be completed and submitted by the Bidder as part of the Offer, regardless of whether these forms are described herein as exhibits or attachments to the Solicitation. Together, the Offer Forms and the additional forms required to be submitted by the Bidder as pari of the Offer, constitute the "Offer Package." Electronic Posting of Solicitation Documents. The City's ONLY official outlet for publication and posting of City of Daytona Beach, Solicitations is on the Negometrix Platform. The Platform is the only place the City will post Solicitation information, addendums, questions & answers and Contract related information. The City will not honor or verify information redistributed or reposted by other entities on other Internet sites. Bidders relying on such 'second hand' information will do so at their own risk and of no consequence to the City. In making copies of the Solicitation Documents available, the City does so only for the purpose of obtaining Offers and does not confer a license or grant to use the Solicitation Package for any other purpose. I13-2, COMPLETING THE OFFER PACKAGE. In submitting the Offer, the Bidder must complete and include all Offer Package documents. In order for the Solicitation to be considered complete: A. The Bidder must submit the information required, only on the forms provided by the City as part of the Solicitation Documents, except where the Solicitation Documents specifically permit or require otherwise. B. The City requests that the Bidder submit only the forms supplied in the solicitation. If the Bidder submits any additional documents other than the forms provided these extraneous documents will be discarded. The City will issue a Notice of Intent to Award (NOI) to the lowest Responsive and Responsible Bidder. All fields requiring a response must be completed by the Bidder, failure to do so may result in the Bidder's Offer Package being deemed non-responsive and not considered for award. G. Where the Price Sheet only calls for unit prices, the Bidder must quote all unit prices and extend unit prices set forth on the Price Sheet. The Bidder must include this with their Offer in order to be Responsive. If this Solicitation allows for lot -by -lot Offers, the Bidder must comply with the Special instructions set forth in the Solicitation Documents. D. The Offer Price (including unit prices and extended prices if applicable), must be stated in numerals. E. The Bidder must not submit alternative Offers unless this Solicitation specifically authorizes alternate Offers. If this Solicitation specifically requires the submission of alternate fine items, the Bidder must submit the base price and the alternative line item price(s) in the format provided on the Price Sheet in to be considered Responsive. F. The Offer may not contain qualifications or exceptions of any kind. G. All other Offer requirements stated herein must be met. I13-3. SIGNING THE OFFER PACKAGE. The Offer must contain an original or Electronic Signature of an individual who is authorized to bind the Bidder. The signature must be located in the space(s) marked for the Bidder's signature. In addition: A. If the Bidder is a general partnership, its name and address must be stated as well as the name and address of each member of the firm or partnership. Page 5 of 28 Exhibit A comm�ties (6,5.20) B. Kthe Bidder isajoint venture, the Bidder must provide the full legal names of all persons/firms comprising the joint venture onseparate signed aftachmant(a. C. The person signing the Offer Forms onbehalf cfthe Bidder must bethe same person who signs all other Offer Package documents. IB -4. REQUESTS FOR INTERPRETATIONS, |fthe Bidder isindoubt as to the meaning of any of the documents included in this Solicitation, the Bidder may submit a written request to the City for an interpretation (see questions and answers). Such requests must be received 7 days prior to Offer opening in order to be considered, The City is not obligated to respond to such requests. Any clarification or interpretation of the Solicitation Documents issued by the City in the form of a written addendum will be deemed to be a part of the Solicitation Documents. NO ORAL CLARIFICATION OR INTERPRETATION BY ANY PERSON WILL MODIFY OR OTHERWISE EFFECT THE TERMS, CONDITIONS, OR SPECIFICATIONS STATED IN THESE SOLICITATION DOCUMENTS. ALL MODIFICATIONS WILL BE EFFECTED, IN WRITING BY ADDENDUM, QuES7��0S/&NDANS»VERG.AUanswers \omate�a|gueodonov�Ubepublished onthe P1a#orm Biddemamrequired tonaWewaUquedionnand onsvwymw�hinthe Sn|indeGon. Questions answers are no authoritative as any information issued in o formalized addendum and incorporated into^'~ �� Solicitation Documents cvany Contract resulting from this Solicitation. IB -5. ADDENDA TO SOLICITATION DOCUMENTS. Priorto the Offer opening, the City may, on the City's own initiative orin response to a request for clarification, Addenda, or answer online questions via the Platform for additions.or alterations to the Solicitation Documents previously supplied by the City. In addition, the Citymay by Addendum extend the date scheduled for Noffer opening. The Purchasing representative will post Addenda on the Platform and will make reasonable efforts through the Platform to notify all potential Bidders of the issuance of said Addendum. The City's Purchasing website address is wvvw.codb.us]841 /Purchasing; Addenda may be found under the 'Public Solicitations" link. However, the Bidder is solely responsible for ensuring that the Offer Package reflects all such Addenda. IB -6. SUBMISSION OPONLINE OFFERS. The City will only accept Offers online through the Platform. Nnpaper Offers will baaccepted. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft W Excel (.xls or xIsx), Microsoft Power Point (.ppt or ppbo, or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images. or sketches. The City may disqualify any Offer that does not meet the c(iterias.tated in this paragraph. 1B^7. WITHDRAWAL K}FOpFER. The Bidder may w�hdxevvmairOffer and resubmit an�imeunU|the Offer Dea�ine.i'a.(heend ofthe Of�rPhase. Once the Offer Phase has ended the City will boable oo view the Offers and begin the evaluation of all Offers received, Once the Offer Phone has ended no changes orwithdraws ran bamade bythe�Bidder. Mere negligence the part of the Bidder in. preparing the Offer does not constitute a right to withdraw the Offer subsequent hoOffer opening. IB -8. DISQUALIFICATION OF OFFER. A. Only One Offer Permitted: The Bidder may submit only one Offer. |fthe Bidder submits more than one Offer for the work involved, all Offers from the Bidder will berejected, Page oof 28 oomm��(6.5.20) B. Collusion: If the City determines that collusion exists among Bidders, the City will reject the Offers ofall participants inthe collusion. 113-9OFFER OPENING DATEThe Offer opening will be scheduled at the specified * by the Solicitation (i.e., the end of the "Offer Phase?'), or as changed by Addenda or response that the City may issue. At opening, the City will open and record the Offers so long as they are proper and have been timely submitted. In recording the Offers the City will record the name of the Bidder, location (City, State) and the Price. The Tabulation Sheet will be reviewed land verified by the Purchasing Agent after being opened by the Buyer, or their clesignees. The Bidder is solely responsible to ensure that the Offer is submitted online prior to the end of the Offer Phase. Late submissions will not be accepted by the Platform. There will be no public opening for this Solicitation. |B-10. OFFER OPENING RESULTS. The Bidder may information pertaining to Offer opening p�su|tsonthe Purchasing Division webpage or by emaUingarequest to .CopiesofTobulahomSheedv4Ubmfum|ohcdupmnnequestmndreceip|ofmxa|id email address.. If the results ate modified in any way afterstaff conducts due -diligence, a Revised Tabulation sheet will be oiohadby\hapumhasiogAgemorBUye,qndawitnessa"dpostmdundieP|atform. IB -1 1. THE SOLICITATION lSAN OFFER. |nsubmitting the Offer, the Bidder nertiffioothat the Bidder io making afirm Offer thatwill remain open for 60 days following Offer opening unless properly and timely Withdrawn by the Bidder prior mOffer Opening inconformance -with these Instructions, unless the Ci�jn the Offer Ex�'nmimnsof8m*beyond the GOday-Peho'' Will only babyagreement ofthe Qtyand the Bidder. M-12. PRICE. INCLUSIVE OFCOSTS, The Offer direct and indirect costs ufperforming the work including buinu4limited tcfdelivery, freight, and fuel surcharges. IB -1 3. FEDERAL TAXES. The Offer price will beexclusive cfall federal taxes. !fthe Bidder believes that certain other taxes are properly payable bythe City, the Bidder may list such taxes separately ineach case directly below the respective item price. Tax exemption certificates will hefurnished upon request. 18-14. PUBLIC RECORDS. Geo/ed Offers received by the City pursuant to the So|ioita0onwi|| be temporarily exempt from disclosure in accordance with Florida's Public Records Laws. PerFS. §119 results are not apublic record, for 30days from the date ofthe opening orwhen aNotice ofIntent toAward is posted, whichever is first. Thereafter, all Offers will be open for o personal inspection by any person pursuant tnPublic Records, Law. |fthe Bidder believes that the Offer orany portionthereof i U from disclosure under the public records laws, the Bidder must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Offer opening, The Bidder will be contacted prior to the opening of the Solicitation and a determination Will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Bidder may withdraw the sealed Offer. IG -15. BIDDER CAPABILITY/REFERENCES. Prior toContract award, the City may require Bidder ho show that Bidder hos the necessary facilities, oquipment. abilitfinancial resources to perform the work specified inesatisfactory manner and within the time specified. |naddition, the City require Bidder hodemonstrate the Bidder has ex eri iowork ofthe same or mimi|epnatunaasthe work �guiedherein, and tnprovide ns�nenoes� satisfactorytothaChy. IB -26. REVIEW; BASIS oFAWARD. Offers will bereviewed inaccordance with the procedures set forth in these |naUoo8onm and the applicable pmvioiono oftho City Purchasing Code (Chapter 30 of the City Page rof 28 Exhibit A Commodities (6.5.20) Code of Ordinances). Any Contract award pursuant to the Solicitation willbemade onthe basis ofthe criteria for award of Solicitations provided in the Purchasing Code. IB -17. LOCAL PREFERENCE. The. Pun6a�ngiCode, Cho 30,Codthe provides for ��mncetpLocal Vendors whenever the application ofsuch apreference isreasonable in light cfthe dollar -value ufOffers received inrelation (osuch expenditures. Aeused inCity Code, the term, "Local Vendona^mnann a personurbusiness entity which has ma|ntainod epermanent place ofbusiness with full-time employees within the City limits of the City ofDaynaBeach for aminimum ofsix months prior hothe date Solicitations were received for the purchase oContract at issue, which generally provides from such permanent place of business the kinds of Goods solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances. Pursuant boCity Code, if the lowest Responsive Offer by a non -Local Vendor, and an Offer by a Local Vendor iswithin 10%ofthe lowest Offer,then these two Bidder's will each have the opportunity u)submit a best and final Offer equal 0ao,lower than the amount ufthe lowest Offer within five working d�after Offer ThnConoactv�Uhe�*m�edt»the Bidder subm��gme�xm�tResponsive ��,final Offer. In case of a tie between a Local Vendor and a non -local Vendor the Contract will be awardedko the Local Vendor. If the Bidder intends to qualify as a, Local Vendor, the Bidder must complete and sign the Local Vendor affidavit and submit it as part of the Offer Package. ABidder who fails to property complete andsign this affidavit or submit it with the Offer Package, will not be further considered for local preference. If the Bidder submits a properly completed Local Vendor affidavit as part of its Offer Package, the City reserves the right toverify that the Bidder meets the definition n[Local Vendor, including requiring iringdhe Bidder 10supply additional documentation. |nall instances, the City will bathe final a ram to whether the Bidder qualifies for local preference. With certain exceptions, application of local preference is discretionary. For more information on how the Local Preference may apply, see the Purchasing Code. >B^1o' IDENTICAL TIE OFFERS. If there are two or more low Responsive Offers from Responsible Bidders that are identical in price, the tie will be broken in the following in order of preference: a) the Bidder qualifying for localpreference under Code 30-8G;b)the Bidder incompliance with the drug freeworkplace certification requirements set forth in Ronda Statutes 287.087; or c) the most Responsible Bidderoadefined under the City Code 30-82 ftn). Please see the Drug Free Workplace form incorporated into the Solicitation Documents. 11349' RIGHT TO ACCEPT OR REJECT OFFERS. The City will reject Offers which contain modifications, which are inoomplete, unba|anoed, cnndiUono|, obsu"ra, which contain additions not requested, which contain irregularities of any kind, or which do not comply in every respect with these inehncdnns and the Contract Documents, unless the City determines in its sole discretion that the non- compliance |uminor. The City does not bind itself toaccept the lowest Offer m1a. henain.butnnserveothehghttnancepkany Offer, which in the judgment of the City will best serve the needs and interests of the City. |B-20' PURCHASE ORDERS. All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all terms and conditions of the Contract ragond|emm ofwhether the, Contract or Contract Documents are expressly referenced therein. In case of conflicts between a Purchase Order and any other provisions ofthe Contract Documents, the other provisions mthe Contract Documents Will prevail. 113-21. PIGGYBACK AUTHORITY. All Suppliers awarded Contracts pursuant 1othis Solicitation are required to permit government agencies, cideu, oountieo, and political subdivisions to porhdpeh» in the Page om28 Exhibit A Commodities (6.5.20) Contract under the same prices, terms, and conditions except where allowance are made for differences in delivery costs. I13-22. PUBLIC ENTITY GRIMES. Any party submitting an Offer in response to this Solicitation must execute the enclosed Form PUR 7068, "SWORN STATEMENT UNDER SECTION 287.133(iA), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES," and enclose it with their Offer. The form is included in the Solicitation Documents. 113-23. COMPLIANCE WITH LAWS. The Supplier will comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. The awarded Supplier must always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees, including the Occupational Safety and Health Administration's (OSHA) Excavation - Safety Standard, 29 C.F.R. § 1926.650 auk, Part P, and Chapter 90-96 Florida Statutes. IB -24. MAINTENANCE OF LICENSES. The Supplier will maintain all required licenses in full force and effect during the Contract term, including any renewal options. I13-25. SUPPLIER RESPONSIBILITY FOR PREPARATION COSTS. Neither the City nor the. City's officers or agents will be liable for the costs incurred by the Supplier in reviewing or responding to this Solicitation. END OF SECTION Page 9 o1`28 Exhibit A Commodities (6.5.20) TERMS & CONDITIONS TC -1. COMPENSATION AND PAYMENTS; LIMITATIONS &VnlesudhePrice Sheet herein will be Supplier's sole compensation for the Commodities to be provided. Supplier will be solely Responsible for all costs Supplier incurs in rneeting its obligations herein. B. For Unit Price Contract City will pay Supplier enamount not Voexocodthe amount described inthe Price Sheet of the Offer Package. UNIT PRICING AND QUANTITIES. kthis Solicitation requests submission ofunit prices, (i) the will hold all unit prices firm for the duration of the Contract, including any extension dhme— unless price adjustments are specifically authorized by the Contract Documents; and (ii) quantities stated are an estimate only and no guarantee is given or implied as to quantities that will actually be required during the Contract period. TC -2. BILLING; MANNER OF PAYMENT. In addition to requirements for payment established by applicable 0edeoe|.stah�orlocal bwindudingthe Cm/Code.payment terms wiUbepaid inaccordance with the local ennmentPmmpiPayment A��(%18Jn-F.G.). Payment will bemade 45days after Supplier has provided an accurate and undisputed invoice, except where the City accepts a prompt p �� mntfnom\heSugpUerondthe Cummod�eoaen/�d�eohve. /Q|invoices must have ou�quoinvoice number, date, and pricing by line item and unit prima that are consistent with this Contract and such Purchase Order. Improper invoices will bereturned hmthe Supplier. Any additional terms andconditionsset ho�hohaninvoice not incompliance whhthis Contract mrthe Purchase Order are null and w�d.Nothing in this Contract will be deemed to create an obligation on the City's part to pay a subcontractor of Supplier's for Commodities provided under this Contract. TC -3. RELATIONSHIP BETWEEN PARTIES. This Contract does not create an employee -employer relationship between the City and Supplier. Supplier is, onindependent Contractor ofthe City and will be incontrol ofdhameunsandthomethodoinwhichtheraquecLedvmxkiupndomoed. Anuoindependent Contraor, Supplier willbesolely responsible for payment ofall federal, state and local income tax, and self-employment taxes, arising from this Contract, and Supplier agrees toindemnify hold harmless the City from anyobligations relating 0osuch taxes. The City WUnot make deductions from payments due for nuchtemeooryornnoia|oeouhty,unemp|oymentinnunsnoe.wmrker'mnonpensatioh.orotheremp|oyment or payroll taxesi Supplier will also be Responsible for the performance of Supplier's subcontractors. TC -4. DOCUMENTS. All reports, estimates, |ogs, original drawings, ondo�horma«eho!shuminhed -~- . prepared or executedbySupplier during the of and in accordance with the provisions of this Contract will be the property of the City and delivered to the Cit y upon demand or, if no demand has previously been made, upon completion of the particular task for which such materials were prepared, executed, or otherwise required, or upon termination or expiration of this Contract. ?C^5. PUBLIC RECORDS` A. To the extent applkmble. Bidder will comply with the requirements of Florida Statutes Section 11Q.07O1'which include the following: 1 Keeping and maintaining public records that the City requires for p*dbnnaoue of the Service provided herein. 2 Upon the request of the City Clerk of the City, (i) providing the City Clerk with a copy of requested public records or (ii) allowing inspection or copying of the records, within a reasonable time after receipt ofthe City Clerk's request, o<acost that does not exceed the cost provided in Ch. 118.Florida Statutes, orosotherwise provided bylaw. Page mm28 Exhibit A Commodities (6.5.20) 3 Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of this. Contract, and following such completion if Supplier fails to transfer such records to the City. 4 Upon completion of this Contract, keep and maintain public records required by the City to perform the Service. Supplier will meet all applicable requirements for retaining public records. All records stored electronically must be provided to. the City upon request from the City Clerk, in a format that is compatible with the City's information technology systems. IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUPPLIER'S DUTY TO PROVIDE PUBLIC RECORDS: RELATING TO THIS CONTRACT, SUPPLIER MUST CONTACT THE CITY CLERK; WHOSE CONTACT INFORMATION IS AS FOLLOWS: (Phone) 386 671-8023 (Email) clerk@codb.us (Address) 301 S. Ridgewood Avenue Daytona Beach; FL 32114 B Nothing herein will be deemed to waive Supplier's obligation to comply with Section 119.0701(3)(a), Florida Statutes, as amended by Chapter 2016-20, Laws of Florida (2016). TC -6. TERMINATION OF CONTRACT. A. The City may by written notice to Supplier terminate this Contract, in. whole or in part, at any time, either for the City's convenience or because of the failure of the Supplier to fulfill its contractual obligations. 1. Before terminating for conveniencei City must provide Supplier at least 30 days advance notice of termination. This Contract will terminate automatically and without need for further notice upon the expiration of the notice period. 2. Except as provided in Section TC -6 (A)(3), before terminating due to Supplier's material breach of its Contractual obligations, City must provide Supplier prior written notice, specifying the breach and demanding Supplier remedy the breach within 10 days of the notice, or as demonstrated by the Supplier's timely submitted Show Cause Notice, within such longer period as may be reasonably required if the nature of the breach is that it cannot be remedied within 10 days of notice. This Contract will terminate automatically and without need for further notice if Supplier fails to remedy the material breach within the period described in the City's Notice to Cure. 3. The City may terminate this Contract upon Supplier's breach without providing Supplier an opportunity to remedy the breach as referenced in TC -6 (A)(2), if Supplier or any of Supplier's personnel, in connection with the provision of Commodities, commit a criminal act or engage in activity that poses a material risk of 'injury to persons or damage to property. Such termination will be effective immediately upon providing Supplier written notice. B. If the termination is for convenience, Supplier will be paid compensation for Goods accepted to the date of termination. If termination is due to Supplier's material breach; the City reserves all rights and remedies it may have under law due to such breach. Among other things, the City may take over the work and prosecute the same to completion by other agreements or otherwise; and in such case, the Supplier will be liable to the City for all reasonable additional costs occasioned to the City thereby. Page 11 of 28 Exhibit A Commodities (6.520) C. If after notice of termination for the Supplier's failure to fulfill Contractual obligations it is judicially determined by a court of law that the Supplier had not so failed, the termination will be conclusively deemed to have been effected for the City's convenience. In such event, adjustment in payment to Supplier will be made as provided in TC -6(B) for termination for convenience. D. The rights and remedies of City provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Contract. E. Subject to Cidebrecht Constructions, Inc., vs Prasad and Odebrecht Construction, Inc. v. Secretary, Florida Department of Transportation and their progeny, this paragraph applies to any Contract for Items of $1 million or more. Supplier certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Styria as provided In .§287.135, Fla. Stat., as may be amended or revised. City may terminate this Contract at the City's option if Supplier is found to have submitted a false certification. as provided under subsection (5) of , or been placed on the Scrutinized Companies §287.135, Fla. Stat., as may be amended or revised. or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it doses not have business operations in Cuba or Syria as provided in §287.1-35, Fla. Stat., as may be amended or revised. TC -7. SEVERABILiTY. if one or more of the provisions contained in this Contract are be held to be invalid, illegal or unenforceable for any reason in any respect, such invalidity, illegality or unenforceability will not affect -any other provisions of this Contract, and this Contract _will then be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. TC -8. LIMITATION ON WAIVERS. Neither the City's review, approval, or acceptance of, or payment for, any of the Commodities provided by Supplier, will be construed to operate as a waiver of the City's rights under this Contract. Supplier will be and always remain liable to the City in accordance with applicable law for any and all damages to the City. Failure of the City to exercise any right or option arising out of a breach of this Contract will not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. Furthermore, the failure of the City at any time to Insist upon strict performance of any condition, promise, agreement or understanding set forth herein will not be construed as a waiver or relinquishment of the City's right to insist upon strict performance of the same condition, promise, agreement or understanding at a future time. TC -9. DISPUTE RESOLUTION. If a dispute exists concerning this Contract, the Parties agree to use the following procedure prior to pursuing any judicial remedies. A. Negotiations. A party will request in writing that a meeting be held between representatives of each party within 14 calendar days of the request or such later date that the parties may agree to. Each party Will attend and will include, at a minimum, a senior level decision maker (an owner, officer, or employee of each organization) empowered to negotiate on behalf of their organization. The purpose of this meeting is to negotiate in the matters constituting the dispute in good faith. The parties may mutually agree in writing to waive this step and proceed directly to mediation as described below. B. Non -Binding. Mediation. Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. Within 30 days after the procedure described in Subsection (a) proves unsuccessful or the parties mutually waive the subsection (a) procedure, the parties will submit to a non-binding mediation. The mediation, at a minimum, will provide for (I) conducting an on-site investigation, if appropriate, by the mediator for fact gathering purposes, (ii) a meeting of all parties for the exchange of points of view and (III) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties will select a mediator trained in mediation skills and certified to mediate by the Florida Bar, to assist Page 12 of 28 Exhibit A Commodities (6.5,20) with 'resolution of the dispute.. The parties will actin good faith in the selection of the mediator and give considerartion to qualified individuals nominated to act,as mediator. Nothing in this Contract prevents the parties from relying on the skills of a person who also is trained in the subject mafter of the dispute or a Contract interpretation expert. Each party will attend and will include, at a minimum, a senior level decision maker (an owner, officer, or employee of each organization) empowered to negotiate on behalf of their organizatiom If the parties fail to reach a resolution of the dispute through mediafion, then the parties are released to pursue any judicial remedies available to them. TC -8. GENERAL TERMS AND CONDITIONS. A. Amendments. Exceptas otherwise provided herein, no change o,modification ofthis Contract will be valid unless the change is reduced to writing and signed by both parties. B. Assignments and Subcontracting. Noassignment orsubcontracting will be permitted without the City's written approval. CCompliance With Laws ondReguatioos. |nproviding all CommodiGesrs entVo�hi Contract, act Supplier will abide by all statutes�, ordinances, rules, and regulations pertaining to or regulating the provisions of such Commodities, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations will constitute a material breach of this Contract and will entitle the City to terminate -this Contract immediately upon delivery of written notice of termination to the Supplier. D. Truth imNegotiations Certificate. Supplier hereby certifies that the wages and other factual unit costs supporting the compensation herein are accurate, complete, and current at the time of this Contract. E. NoThird Party Beneficiaries. There are nothird party beneficiaries uf Supplier's Commodities under this Contract. F. Contingency Fee. Supplier warrants that |( has not employedorn*tainedenycompaoyorpersmn, other than abona fide employee working solely for Supplier, tosolicit orsecure this Contract and that ithas notpaid or agreed to pay any person, cnmpony, corporation, individual or finn, other than a bona fide employee working solely for Supplier, any fee, commission, percentage, gift, or any other consideration, contingent upon orresulting from the award ormaking ofthis Contract. GNondiscrimination. Supplier will not discriminate against any employee or applicant for employment because of race, color, sex, o,r national origin, Supplier will take affirmative action to ensure that applicants are empioyedarrd the employees art treated during employment without regard to their sex, race, creed, color, or national origin. Further, Supplier agrees to comply with all local, state, and federal laws and ordinances regarding discrimination in employment against any individual on the basis of race, color, religion, sex, national origin, physical or mental impairment, or age. In particular, Supplier agrees to comply with the provisions of Title 7 of the Civil Rights Act of 1964, as amended, and applicable executive orders including, but not limited to, Executive Order No. 11246. H. Principles in Construing Contmaot, This Contract will be governed by and construed in accordance with the laws ofthe State oYFlorida. Captions and paragraph headings used herein are for convenience only, are not a part of this Contract and will not be deemed to limit or alter any provisions hereof orhabarelevant inconstruing this Contract. The use cfany gender herein will bodeemed hubenr include the other genders, and the use of the singular herein will be deemed to be or include the plural (and vice vamo).wherever appropriate. 1' Venue. The exclusive venue for any litigation arising out ufthis Contract will beyo|usiaCounty, Florida if in state court, or the U.S. District Court, Middle District of Florida if in federal court. Page mof 28 Commodities (6.5.20) JL Litigation CostsExcept where the parties concerning this Contract, each party will bear all of its litigation costs, including attomey�s fees. K. Jury Tri al Waived. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS CONTRACT, OR ANY DEALINGS BETWEEN THE PARTIES. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL ENCOMPASSING OF ANY DISPUTES BETWEEN THE PARTIES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER, INCLUDING WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH _OF -_T. _CLAIMS AND ALL O.^_,~_^,_^.,~`.' AND STATUTORY CLAIMS. L Failure to Enforce. Failure bythe City at any time toenforce the provisions ofthis Contract will not be construed as a waiver of any such provisions. Such failure to enforce will not affect the validity of the Contract or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms. M. mmn~Emc|msiveCont,au«. This isnot anexclusive Contract. Award ofthis Contract will impose no obligation onthepart of the��i to the db Supplier for U �$ may be required vv/v/ ov�vnvoctperiod. The City specifically reserves the right *oconcurrently Contract with other companies for similar work if the City deems such action hxbeinthe City's best interests. |nihemame ofmultiple Term Contracts, this provision will apply separately hoeach Contract. N. Force YNsdwuna. A Fnmm Majeure event is an act nfGod ovofthe public enomy, riots, Civil commotion, war, acts ufgovernment or governmentimmobility (whethfederal, | fire, epidemic, quarantine restriction,strike, freight embargo, or unusually severe weather; provided, however, that no event or occurrence will be deemed to be a force majoure event unless the failure to perform is beyond the control and without any fault or negligence of the party charged with performing or that party's officers, employees, or agents. Whenever this Contract imposes a deadline for performing upon a party, the deadline will be extended by one day for each day that a Force,Majeure event prevents the party from performing; provided, howeveri that the party charged with performing and claiming delay due to a Force Majeure event Will promptly notify the other party of the Event and will use its best efforts to minimize.any resulting delay. Q` Compliance with FEMA 2 CFA 200.318'326 and Appendix 11 Contract Provisions. This Contract and the Commodities provided may be utilized in the event of declared State/Federal Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318'326 and Appendix |! Contract Provisions as amanded. These documents can be found on the Internet at: P. Sovereign Immunity. The City expressly retains all rights, benefits, and immunities of sovereign immunity under Florida law, including Section 768,28, Florida Statutes. Nothing in this Contract, or any Purchase Order, or notice provided under this Contract will be deemed to be a waiver of sovereign immunity or of the limitations on liability of the City beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida legislature, and the cap on the amount and liability of the City for damages regardless of the number or nature of claims in tort, equity, or Contract will not exceed the dollar amount set by the legislature for tort. Nothing in this Contract, or any Purchase Order, or notice provided pursuant to this Contract will inure to the benefit of any third party for the purpose of allowing a claim against the City, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Q. Books and RecordsThe Supplier Page 14 of 28 Exhibit A Commodities (6s.20 relate to any litigation, appeals or settlements ofclaims arising from such performance will bemade available until a final disposition has been made ofsuch litigation, appeals orclaims, Ft WCC. In addition to any rights or remodieo contained inthis Contract, each party will have the rights, duties, and remedies:available through the Uniform Commercial Code. S. Title/Risk ufLoss. Title and risk ofloss will not bedeemed hvpass tothe City and until the Commodities ordered have been delivered; and, where inspection is required prior to City acceptance, until the City has inspected and accepted such Commodities. T. Governmental Restrictions. |nthe event any governmental restrictions are imposed which would necessitate alteration of the mateha|, qualM� wmd/manoh!p or performance ofthe items awarded to the Supplier prior Vudelivery, it will be the responsibility ofthe Supplier to notify the City in writing at once, indicating the specific regulation which required an alteration. The City neoemao the right to accept any such u|b*natior\ including any price adjustments occasioned thereby, or to cancel the Contract at no expense to, the City. U. Patent Infringement, Etc. Bysubmission of this Offer, the Bidder certifies that the merchandise hmbefurnished will not infringe any valid patent, copyright, or trademark and the successful Bidder will, sk his own expenme, ooreno any and all, sections or suites charging such infringement and hold The City harmless incase. ofany such infringements., V. Bonds. There isoobonding required for this Solicitation TC -11 WARRANTY. Warranty. ded in the Special Provisions, Supplier warrants that the Commodities supplied pursuant to this Contract are new, of good quality, and conform to any specifications and requirements of this Contract; that such Commodities are merchantable; and that they are fit for the ordinary purposes they are intended to serve. TC -12. MSD. Supplier will supply Material Safety Data UNG0with each initial delivery of any materials defined bythe State ofFlorida orthe Federal Government aobeing toxic, harmful, orhazordnws. TC -113. DELIVERY. Delivery of all mahsha|u or products under this Qo|icdaVnn will be quoted FOB Destination o,other point ofuse within the City aospecified. Nodelivery charges will boadded hoinvoices except when express delivery is substituted on order for a less expensive method specified inContract; in such cases, difference between freight or mail and express charges may be added to the invoice. A. Packaging and Shipping. All invoices, packing lists, and packages must bear the name ofthe Contract and the applicable City Purchase Order number as printed on the face of the Purchase Order. 8` Amendments and Modifications. The City may unilaterally change, at no additional cno(, the quantity and receiving point within the City for items not yet shipped. The City will not berequired mpay for defective items, back-undem, late de}ivahee, deliveries ofquanUh*sofitems exceeding the quantitiesopn�fied.ordemsohippade¢ohigherphmathan�atydin8h�ConbautorthnPumhaseQndec Except as otherwise provided herein, no change or modification of the Contract will be valid unless the same imin writing and signed byboth parties. C. Delivery Failures. Failure of the Supplier to deliver within the time specified in the Contract, or within a reasonable time as interpreted by the Purchasing Agent, or failure to make replacements of rejected articles an directed hythe Purchasing Agen<, will ponnh the Purchasing Agent to purchase on the open market articles of comparable grade to take the place of those rejected or not delivered. On all such purchases *` Supplier will reimburse the City within areasonable time spouifiodbythe Purchasing Agent, for any expenses incurred inexcess ufthe defaulted prices. TC -14. DISCONTINUED. Supplier will provide the City 30 days'advance written notice of any discontinued items, 0nallow the City 0opurchase additional quantities ofsuch items. The City must give written approval Page 15 of28 Exhibit A Commodities (6,5.20) of any replacements provided for discontinued items if they exceed the unit price for the discontinued item or fail to strictly meet quality, fit, form, or function of the discontinued item. TO -15. NON -APPROPRIATIONS CLAUSE. In the event sufficient funds are not budgeted for anew fiscal period, the City, will notify the Supplier of such occurrence, and this Contract will terminate on the last day of the current fiscal year without penalty or expense to the City. TC -16. ELIGIBLE USERS. All departments of the City are eligible to use this Term Contract, Such purchases are exempt from the competitive requirements otherwise applying to their purchases. END OF SECTION Page 16 of 28 Exhibit A 1.2~INDEMNIFICATION & INSURANCE REQUIREMENTS IR -1. INDEMNIFICATIOW For value received, ,y and'hold harmless the City, including employees, and agents, from (I) all liabilities, damages, losses, and costs, including, but not limited to, reasonable attomOys'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Supplier, or of Supplier's officers, employees, and agents, including subcontractors and other persons employed or utilized by the Supplier in the performance of the Contract; and (ii) all liabilftiesi damages, injuries, losses, claims, suits, actions, judgments, charges, expens es, or costs I of any na tur I e and kind, including attorneys' fees and court costs, arising from or relating to actual or alleged violation of or infringement of any patent, trademark, copyright, service mark, trade secret or intellectual property right for or on account of the use of any product or Services sold to the City or used in performance of the work. 8R-2' SUBMISXSAONC2PINSURANCE' The Successful Supplier must submit any required insurance on or before submission of the signed Contract or prior to issuance of a notice to, proceed. IR-. INSURANCE. Supplier will provide and maintain at Supplier's own expense, insurance of the kinds ofcoverage and in, the amounts set forth inthis Section. All such insurance will beprimary and non- contributory with the City's own insurance, In the event any request for the performance ofServices presents exposures hothe City not covered bythe requirements set forth below, the City reserves the right tuadd insurance requirements that will cover such ooexposure. A. Coverage and Amounts, t Workers Compensation Insurance asrequired byFlorida Gbatu$s � Compena��n|nnum �vaU uY Chapter-'� -'Workers'—'-any way connected with the work, which is the subject of this service, The insurance required bythis provision will comply fully with the Florida Workers' Compensation Law and include Emp I loyers'Liability Insurance with limits of not less than $500,000 per occurrence. Any associated orsubsidiary company involved in the service must be named in the Workers' Compensation 2 Liability Insurance, including (i) Commercial General Liability coverage for operations, independent Suppliers, products -completed operations, broad form property damage, and personal injury on an "occurrence!' basis insuring Supplier and any other interests, including but not limited to any associated or subsidiary companies involved in the work� and (ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle used by the Supplier in the performance of this Contract, The limit of liability for each policy will be a combined single limit for bodily injury and property damage of no less than$1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager's sole discretion. THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE City AS AN ADDITIONAL INSURED, Supplier's Commercial General Liability insurance policy shall provide coverage to Supplier, and City when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) without the attachment of any endorsements excluding or limiting coverage for Products/Completed Operations, Independent Suppliers, Property of City in Supplier's Care, Custody or Control or Property of City on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds). When City is added as additional insured by endorsement, INSURANCE - PAGE I Page nm28 Exhibit A ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional Insured status that is at least as broad as IS© form CG 20 10 1185. 3. Pollution Liability in the amount of $1,000,000 Per Loss, $2,000,000 Annual Aggregate. Such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations ( including transportation Of the product(s)) of the contractor. The City of Daytona Beach shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the, first date, of this agreement and with a, three-year reporting option beyond the Annual expiration date of the policy.) Unless specifically waived hereafter in writing by the Risk Manager, Supplier agrees that the Insurer will waive its rights of subrogation, if any, against the. City on each of the types of required insurance coverage listed above. B. Proof of Insurance. Supplier will furnish proof of insurance acceptable to the City prior to or at the time of execution of this Contract. Supplier will not commence Work until all proof of such insurance has been filed with and approved by the City. Supplier will furnish evidence of all required insurance in the form of certificates of insurance which will clearly outline all hazards covered as itemized above, the amounts of insurance applicable to each hazard, and the expiration dates. If requested by the City, Supplier will furnish copies of the insurance Contracts to support the certificates of insurance and the copies of said insurance must be acceptable to the City. C. Cancellation; Replacement Required. Supplier will file replacement certificates 30 days prior to expiration or termination of the required insurance occurring prior to the acceptance of the work by the City. If a required policy is canceled without Supplier's prior knowledge Supplier will immediately notify the City immediately upon becoming aware that a required insurance coverage has been canceled for any reason, and promptly replace the canceled policy. The City expressly reserves the right to replace the canceled policy at Supplier's expense if Supplier fails to do so. D. Termination of Insurance. Supplier may not cancel the insurance required by this Contract until the work is completed, accepted by the City and Supplier has received written notification from the Risk Manager that Supplier may cancel the insurance required by this Contract and the date upon which the insurance may be canceled. The Risk Management Division of the City will provide such written notification at the request of Supplier if the request is made no earlier than two weeks before the work is to be completed. E. Liabilities Unaffected. Supplier's liabilities under this Contract will survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Similarly, Supplier's liabilities under this Contract will not be limited to the extent of the existence of any exclusions or limitations in insurance coverages, or by Supplier's failure to obtain insurance coverage. Supplier will not be relieved from responsibility to provide required insurance by any failure of the City to demand such coverage, or by City's approval of a policy submitted by Supplier that does not meet the requirements of this Contract. F. Risk Manager. All references to the Risk Manager will be deemed to include the Risk Manager's designee. END OF SECTION INSURANCE — PAGE 2 Page 18 of 28 Exhibit A Non -Construction (rev a1o.2o 1.3—SCOPE / SPECIAL PROVISIONS /DRAFT CONTRACT SPECIFICATIONS FOR LIQUID SODIUM HYPOCHLORITE BACKGROUND: The City of Da ytona Beach requires delivery of Sodium Hypochlorite (hereinafter, the "Product") for use at the City's Ralph Brennan Water Plant historically the City has required delivery of approximately 15,000 gallons of the Product annually. However, no minimum quantities are guaranteed by this Contract; and if the City may require more than this quantity. If a Supplier is selected to provide the Product to the City, the Supplier must be'able to provide in the quantities ordered by the City. The City may award contracts for supply of the Product to multiple Suppliers based on the bids submitted PRODUCT SPECIFICATIONS: The Product will meet the following general 1. Product will have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall beconsistent aadetermined bychemical analysis, 2. Product will be a clear straw colored liquid with no visible cloudiness, impurities, or sediment. it shall contain no soluble materials hrorganic substances. in quurdiUes capable o*producing delebadoum or injurious effects on the health of those consuming water treated with the liquid sodium hypochlorite. 3. Product will have a minimum of 0.15.12 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. 4.Product will have not more than U.15Y6insoWblematter byweight. 5.Product will meet the following containment concentration limits: Iron <O.3mg/L Copper < 0.03 mg/L Nickel <0.03 mg/L Chlorate <2.000mg/L Bromate <2010mg/L - G, The City reserves the right to have supplied liquid sodium hypochlorite sampled and analyzed by an independent and certified laboratory. 7`The Supplier willpnmideamateria|sa0atydatasheet(K8SDE)forthe|iquidaodiumhypnch!ortephorto beginning delivery. O Product will Meet the requirements of the governing standard, a notice of nonconformance will be provided by the City to the Supplier within 10 days of the receipt of shipment, The results of a City test shall prevail. If Liquid sodium hypochlorite does not meet the requirements of the governing standard, the Supplier shall remove the chemical from City premises and replace it with a like amount of satisfactory Liquid sodium. hypochlorite at no additional expense to the City. q. The Product packaging will have markings, tags, labels and/or serial numbers oorequired b.the US DOT. ' The City will order the Product in writing issuance of a CityPurchase Order or work authorization sent to the email address indicated on the Offer package form item 10. shall bemade within 48hours ofplacement ofthe order via issuance ofaCity Purchase Delivery will beF.O.8.Destination 1Shady Place Daytona Beach, FL 10UEarl St. Daytona Bmouh.FL 12GUniversity Blvd Daytona Beach, FL Page mof 28 Exhibit A 3651 LPGA Blvd Daytona Beach, FL ITB -commodities (rev 6.16.20) 1. All deliveries will be made between 8:00 AM and 3:00 PM, Monday through Friday; unless approved otherwise by the City. Suppliers will provide 24 hour notice prior to delivery and unload product at the delivery site. (There is no loading dock and delivery must be onto the ground.) 2. The Product will be delivered into a 550 -gallon storage tank located at 1 Shady Place and/or a 550 --gallon storage tank located at 10.0 Earl St. and/or a 550-g8lion'storage tank located at 126 University Blvd and/or a 36,000 -gallon storage tank at the Ralph Brennan Plant located at 3651 LPGA Blvd. All sites are located in Daytona Beach. 3. Each shipment will be accompanied by a chemical analysis report to show the percent of available chlorine at the. time of delivery. 4. Supplier's driver will demonstrate safe work practices appropriate to the product they are delivering and are. expected to provide their own PPE. They must have the .ability to inspect the tank before and after delivery in order to detect any problems with the tank. 5. The Supplier will clean up any spills resulting from the failure of its or its subcontractors delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. City reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking Liquid sodium hypochlorite. The Supplier shall observe the entire filling operation at each delivery site and shall immediately.report any spills caused during the filling operations. The Supplier shall take immediate and appropriate actions to clean up any spilled Liquid sodium hypochlorite. If the spill is not cleaned up, City will hire a certified hazardous' material handling company to clean up the spill, and the cost of such service will be charged to the Supplier and deducted from the amount due to the Supplier. If the City's unloading ,equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Supplier or its subcontractor, the Supplier shall be relieved of cleanup of the spill 6. All shipments of the Product will conform to US Department of Transportation (DOT) regulations for marking and handling. 7. Supplier's delivery personnel shall be trained about the specific properties and hazards of the product, and utilize appropriate personal protective equipment (PPE) while at City of Daytona Beach facilities 8. Supplier will be required to give a minimum of two on-site training presentations per year. The presentation is to cover all material safety data information, safe -handling procedures, and proper usage of the particular chemical in the work environment as prescribed by the controlling regulatory agency for the industry.. SUBMITTAL REQUIREMENTS: Suppliers will provide an affidavit of compliance with the requirements of ANSI/AWVVA B300-10 standard with the bid form. Product specifications and/or certificate of analysis, and a Material Safety Data Sheet will be submitted upon request prior to awarding the Bid. Page 20 of 28 Exhibit A ITB -Commodities (rev 6.16.20) SPECIAL PROVISIONS SPA. EFFECTIVE DATE AND TERM. The Effective Date of this Contract is the date on which the last Party signs it.. The successful Supplier(s) shall be awarded a Contract for an initial 1 year, commencing on the effective date. The City will have the option to, renew this Supplier up to 4 Terms of 1 year each, by providing Supplier written notice. Such notice must be provided at least 60 days before the end of the current Term, unless waived by Supplier. SP -2. WORK DIVIDED INTO LOTS. Award of this Offer will be on a lot -by -lot basis to the lowest Responsive and Responsible Supplier for each individual lot. Supplier will provide a price for each lot being Offered. If the Supplier elects not to Offer on a particular lot, Supplier must clearly mark 'No Offer" on the lines provided for pricing for that lot. SP -3. MINIMUM QUALIFICATIONS SUPPLIER In order to be considered qualified to provide the requested Commodities, the Supplier must have all required permits, must have an active,, permanent, and successful operation for a minimum of three years prior to the date of submission of Offer, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Commodities. SP -4. WORK AUTHORIZATIONS. This Contract, in and of itself does not require the Supplier to provide - any Commodities, or require the City to pay for such Commodities. No Co`rmodfties will be deemed ordered, and no obligation will arise to pay for such Commodities, except when specifically authorized by a written Work Authorization issued in accordance with the City's Procurement policies. The Work Authorization will generally consist of the Supplier's written, dated quotation, listing the Commodities offered, including quantities, with reference to the units and prices set forth in the Price Sheet, consistent with the provisions of this Contract; and the City's Purchase Order accepting such Offer. No Work Authorization may alter the terms and conditions of this Contract; and any provision of a Work Authorization. In case of a conflict with a Work Authorization, this Contract will govern. SP -5. PRICE ESCALATION/DE-ESCALATION (PPI) The City may allow a price escalation provision within this award. The original Contract prices shall be firm for the entirety of the initial Contract period. A price escalation/de-escalation will be considered at the time of Contract renewal and at 12 -month intervals thereafteri provided the Supplier notifies the City, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the Contract renewal date. The base price will be the beginning of the latest period during which the adjustment is requested. For example, if annual adjustments are permitted under a five year contract, but the supplier doesn't request an adjustment until 60 days prior to year 3, the base period would be the beginning of year 2. A price escalation shall be based on the latest version of the Producer Price Index (PPI) — Final Demand Index for Goods/Total, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.b1s,gov. The maximum escalation for any period will be 4%. Price adjustment shall be calculated by the monthly percent change since the beginning of the latest period END OF SECTION Page 21 of 28 Exhibit,A swers Published questions and an 11, , OF, Solicitation T1027 20561 -WATERIWASTEWATER CHEMICALS Lot Common Reference Published date 2 29 Jul 2020 (Wed), 10:25 AM Ojestion Tanner Industries, Inc, would like to take exception to the below. 2. Liability Insurance, Including (i) Commercial General Liability coverage for I operations, independent Suppliers, products -completed operations, broad form property damage, and personal injury on an "occurrence" basis insuring Supplier and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and (Ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle used by the Supplier in the performance of this Contract. Tanner Industries, Inc, requests to remove the word "occurrence" from the above section and replace with "claims made form with I h a retroactive date of 1986. Supplier agrees to a three-year reporting option beyond the annual wgiration date of policy" Answer There will be no exceptions permitted. Bidders must accept terms and conditions as presented. ..... ...... ...... . ------- Reference 1.3.1. Publisheddate 02 Jul 2020 (Thu), 2:59 PIVI Question Please provide the bid tab and current suppliers/cost for the chemical bid? Answer i Aqua Ammonia = UnivarUSA = .01832/lb Liquid CO2=Airgas USA= A01 lb Sodium Silicoflouride Chenvite = S29.50 / 50# bag Liquid Flypochlolrite = Odyssey Mfg. = .68 1 gal Page 22 of 28 �c r ,n , rt, 'i i eYhibitx Published questions and answers Solicitation n027205m CHEMICALS Lot [Lot zLot 3;Sodium Hypochlorite -' ---- '--� -� ------ - - --- -- - �'' -�-- -----__--.'-_-'_( 4 Published date 22 Jul 2020 (Wed), 10:29 AM ojestion i Can you provide the previous bid tab (wh. o, currently, supplies this product and at Mat price) for this product? Answer Prices for all chernicals has been answered under the common lot, Liquid Ftypochlorite Odyssey Mfg. 68 gal Reference Published date Westion Do you payvith a credit card ? Answer With the current data that is available the annual usage is approAmately 22,000 gallons. # Reference Publisheddate What is the Quantity per delivery ? Answer approklmately 750 gallons total between two sites approximately 8 miles apart. # Reference Publisheddate 14 Jul 2020 (Tue), 1:27 PM Question What is your Actual Annual Usage ? Answer This is currently being paid buy a purchase order. Page 23 of 28 Exhibit B OFFER PACKAGE TO THE MAYOR AND COMMISSIONERS THE CITY OF DAYTONA BEACH, A FLORIDA MUNICIPAL CORPORATION Dear Mayor and Commissioners: This Bid is submitted by (insert Company's full legal name, ; hdlude DIBIA if applicable) Business Address: 1484'Xassam Blvd:, impa, F1. 33619 (include P.O. BoxIstreet address, citystare and zip code) Business Phone-. 813/635-0339 Business Fax: 813/630-2589 (include area code) (include area code) Business Email: pal MM@0dysseymwfact rim.00M The undersigned, as Supplier or Supplier's authorized representative, hereby declares and affirms each of the following: I . That Supplier has had the opportunity to examine the facilities where the Services are to be performed arid. is fully informed in regard to all conditions pertaining -to the site(s). 2. That Supplier has thoroughly examined the Contract Documents and that Supplier is sufficiently knowledgeable of the Services to be performed. 3. That, pursuant to and in compliance with the Offer Package, including all Contract Documents, the Supplier hereby agrees to furnish all labor, materials, and equipment required to perform the Services/Commodities in strict accordance with the Contract Documents and for the Unit Prices and/or Lump Sum prices herein for the prices stated on the Price Sheet. 4. That Supplier agrees to indemnify and hold harmless the City any other interests as set forth in the Contract Documents >TITLE OFFER PACKAGE - PAGE 1 Page 24 of 28 Exhibit B OFFER PACKAGE, cont. S. If the attached Price Sheet includes extended unit prices, the use of extended unit quantities will not be construed to be a guarantee that the City will purchase such quantities if a Contract is awarded; and that, subject to the terms and conditions of the Contract, the Supplier will be entitled to payment based upon the number if units purchased or Services performed and Accepted, as specified in the Contract Documents, 6. That Supplier has received the following Addenda !(leave blank ifinapplicable): (list any additionalAddenda by number and date): ),,�Pylowj 4# 94X5 V, A"A 4o 32,veo 7. That Supplier has completed the information required in this Offer Package truthfully. 8. That the Offer may be accepted by the City's issuance of a Contract to the Supplier. Supplier will be fully bound by all Contractual terms and conditions set forth herein; provided, however, that if the Solicitation Documents call for alternative Offers any alternative Offer not specifically accepted the City in the notice of award will not be a part of the Contract. 9. That Supplier is (mark the apprppriate box and include the additional information, as applicable): 13 An individual person/sole proprietor M A Florida corporation/ limited liability company 0 A foreign corporation/limited Liability company authorized to do business in Florida* (specify state of incorporation/formation) 0 A Florida limited partnership 13 A foreign limited partnership authorized to do business in Florida* (specify state of incorporation/formation) 11 A general partnership (provide partner names on separate, signed sheet of paper) 0 A joint venture" 0 Other >-nTLE OFFER PACKAGE - PAGE 2 (specify, including type of entity) Page 25 of 28 Exhibit B OFFER PACKAGE, cont. * (If Supplier is a foreign corporation or foreign limited liability company, aftack proof of registry from State of Florida) ** (provide on separate signedsheet(s) ofpaper the full legal names of allpersonslfzrms comprising Me joint venture. 10: That the name, title, mail address, cell phone and email address of the person who will serve as the Designated Representative of Supplier if the Contract is awarded to .Supplier, is as follows: Patrick Ai mm, G z:al gg, nW7Mmk* t ing,rrm 1484 Massaro Blvd., mopa, Fl. 33619 813/335.3444 In signing below, I certify that I am the above-named Supplier or a person duly authorized by Supplier to bind Supplier to these terms and conditions, Date signed: 7/29/?A By: Signature] Printed Name: Patrick ALbm Title: Genera]. XMIawZ >TITLE OFFER PACKAGE - PAGE 3 Page 26 of 28 Exhibit 8 &,Y,d a rate of Florida Department of State I certify from the records of this office that ODYSSEY MANUFACTLTRING CO. is a Delaware corporation authorized to transact business in the State of Florida, qualified on June 30, 1998. The document number of this corporation is F98000003732. 1 further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uhiform. busmiess report was filed on March 17, 2020, and that its status is active. I finther, certify that said corporation has not filed a Certificate of Withdrawal. Given under iny hand andthe Great Seal of the State of Florida at Tallahassee, the Capft4 this the Seventeenth day ofMarch, 2020 AOAN�— SI(Ife To authenticate this certificate visit the following siteent.er this number, and then follow the instructions displayed, bttps:llservices.suabiz-orgIFilingsICertificateOfStatusICertfficattAuthcnticgtion Page 27 of 28 Common CITY OF DAYTONA BEACH PRELIMINARY BID TABULATION T1027 Consmu 03 Aug 2020 (Mon), 2,00 PM Offers were opened on 03 Aug 2020 (Mon), 202DO PM 6 Offers were received Lot 1: T1044 Lot 1: Aqua Aninania Tamer Industries, Inc. - Submitted price: $ 16,800-00 Lot 1: T1044 Lot 1: Aqua Anxwnia UNIVAR. SOLUTIONS USA, INC. - Submitted price: $19,200.00 Price Price: Supplier, the total for 2.2 will be attonutical1y filied in here. $ 16,800.00 BIDDERS WHO EXPERIENCE SYSTEM PROBLEMS PLEASE CONTACT TEE NEGOMETM HFLPDESK IMMEDIATELY AT 724-888-5294. Aqua Amronia 1$ 16,800.00 Lot 1: T1044 Lot 1: Aqua Anxwnia UNIVAR. SOLUTIONS USA, INC. - Submitted price: $19,200.00 Lot 3: T1047 Lot 3: Sodium Hypochlorite 1. � , t> v 0 t CJ S - ALLIED UNIVERSAL CORPORATION - Subiritted price: $ 16,200.00 Price Price: Suppkr, the total for 2.2 wit be automatically Bled in here. $ 19,200.00 BIDDERS WHO EXPERIENCE SYSTEM PROBLEMS PLEASE CONTACT THE NEGOMETRD(f0-PDESK IMMEDIATELY AT 724-888-5294. Aqua Arurronia $19,200.00 Lot 3: T1047 Lot 3: Sodium Hypochlorite 1. � , t> v 0 t CJ S - ALLIED UNIVERSAL CORPORATION - Subiritted price: $ 16,200.00 Lot 3: T1047 Lot 3: Sodium Hypochlorite Odyssey Manufacturing Company - Submitted price: $ 9,750.00 Price Price: Supplier, the trotal for 2.2 will fill-in automatically. $16,200.00 BIDDERS WHO EXPFME1,10E SYSTEM PROBLEMS PLEASE CONTACT THE NEGOMEIRD(FIEUDESK IMMEDIATELY AT 724-888-5294. iSodiLunHypochlorke $16,200.00 Lot 3: T1047 Lot 3: Sodium Hypochlorite Odyssey Manufacturing Company - Submitted price: $ 9,750.00 Lot 4: T1048 Lot 4: Sodium Silicofluoride Brendag Mid -South, Inc. - Submitted price: $ 36,400.00 JPrice �>Poiled on 03 &g 2020 (rvbn). 2:05 PIM 112 Price Price: Supplier, the trotal for 2.2 wi1l fill-in. automatically. $9,750.00 BIDDERS WHO EXPERIENCE SYSTEM PROBLEMS PLEASE CONTACT THE NE)GOMETRIX HELPDESK IMMEDIATELY AT 724-888-5294. Sodium Hypochlorite IS9,750.00 Lot 4: T1048 Lot 4: Sodium Silicofluoride Brendag Mid -South, Inc. - Submitted price: $ 36,400.00 JPrice �>Poiled on 03 &g 2020 (rvbn). 2:05 PIM 112 C0;nM;1 Supplier, the total from 2.2 will automaticaaly &in here. $36,400.00 ERS WHO EXPERIENCE SYSTE[\4 PROBLEMS SE CONTACT nMNEGONMTRIX HELPDESK IMIATELY AT 724-888-5294. a/k/a Sodkii-nFluorosilicate Lot 4: T1048 Lot 4: Sodium Silicofluoride Florida Chemical Supply - Submitted price: $ 24,000.00 Price Supplier, the total from 2.2 will automaticaaly fill-in here. $ 24,000.00 ERS WHO EXPERIENCE SYSTEM PROBLEMS SE CONTACT TI -IF- NEGOMEMX HELPDESK MATELY AT724-888-5294. a/1-Ja SodiumFluorosificate Offers received ager 03 Aug 2020 (Mon), 2-00 PM are not included. Bids Wed herein are apparent results of bids received tanely as of the closing date and tunic. This docunient is the prelirmiary tabulation sheet for inibirnational purposes only. Evaluations have not been completed. A revised tabulation will be posted in the evert that the evaluation changes the results. Award, if one is made, will be by the Daytona Beach City ConnissiorL 'Reported by Kirk 2minernm on 03 Aug 2020 (Mon), 2:02:00 PM E" trod an WA.ig 2023 (Nbil), 2:05 PIV, ZQ OFFER PACKAGE TO THE MAYOR AND COMMISSIONERS THE CITY OF DAYTONA BEACH, A FLORIDA MUNICIPAL CORPORATION Dear Mayor and Commissioners: This Bid is submitted by Odyssey Mam fac (insert Company's full legal name; include D/BIA if applicable) Business Address: 1484 Massaro Blvd., Tia, Fl. 33619 (include P.Q. Box/street address, city, state and zip code) Business Phone: 813/635--0339 (include area code) Business Fax: 813/630-2589 (include area code) Business Email: pa��acturing.eam (leave blank if n/a) The undersigned, as Supplier or Supplier's authorized representative, hereby declares and affirms each of the following: 1. That Supplier has had the opportunity to examine the facilities where the Services are to be performed and is fully informed in regard to all conditions pertaining to the site(s). 2. That Supplier has thoroughly examined the Contract Documents and that Supplier is sufficiently knowledgeable of the Services to be performed. 3. That, pursuant to and in compliance with the Offer Package, including all Contract Documents, the Supplier hereby agrees to furnish all labor, materials, and equipment required to perform the Services/Commodities in strict accordance with the Contract Documents and for the Unit Prices and/or Lump Sum prices herein for the prices stated on the Price Sheet. 4. That Supplier agrees to indemnify and hold harmless the City any other interests as set forth in the Contract Documents >TITLE OFFER PACKAGE - PAGE 1 OFFER PACKAGE, cont. S. If the attached Price Sheet includes extended unit prices, the use of extended unit quantities will not be construed to be a guarantee that the City will purchase such quantities if a Contract is awarded; and that, subject to the terms and conditions of the Contract, the Supplier will be entitled to payment based upon the number if units purchased or Services performed and accepted, as specified in the Contract Documents, 6. That Supplier has received the following Addenda (leave blank if inapplicable): Addendum # Date Addendum # Date Addendum # Date (list any additional Addenda by number and date): rr°VbP- 'J l // �S'l� d77� ?�? . ✓� 3 2(Fzo 7. That Supplier has completed the information required in this Offer Package truthfully. 8. That the Offer may be accepted by the City's issuance of a Contract to the Supplier. Supplier will be fully bound by all Contractual terms and conditions set forth herein; provided, however, that if the Solicitation Documents call for alternative Offers any alternative Offer not specifically accepted the City in the notice of award will not be a part of the Contract. 9. That Supplier is (mark the appropriate box and include the additional information, as applicable): ❑ An individual person/sole proprietor C A Florida corporation/ limited liability company 0 A foreign corporation/limited liability company authorized to do business in Florida* (specify state of incoiporation/formation) ❑ A Florida limited partnership 0 A foreign limited partnership authorized to do business in Florida* (specify state of incorporation/formation) 0 A general partnership (provide partner names on separate, signed sheet of paper) ❑ A joint venture** ❑ Other >TITLE OFFER PACKAGE - PAGE 2 (specify, including type of entity) OFFER PACKAGE, cont. * (If Supplier is a foreign corporation or foreign limited liability company, attach proof of registry from State of Florida) ** (provide on separate signed sheet(3) ofpaper the full legal names ofall persons/firms comprising the joint venture. 10. That the name, title, mail address, cell phone and email address of the person who will serve as the Designated Representative of Supplier if the Contract is awarded to Supplier, is as follows: Rmwm��, 1484 Mass= Blvd., Taipa, Fl. 33619 813/335-3444 In signing below, I certify that I am the above-named Supplier or a person duly authorized by Supplier to bind Supplier to these terms and conditions. Date signed: 7/29/20 By: Printed Name: Patrick AUTM Title: Gmeral MmW >TITLE OFFER PACKAGE - PAGE 3 State of Florida Department of State I certify from the records of this office that ODYSSEY MANUFACTURING CO. is a Delaware corporation authorized to transact business in the State of Florida, qualified on June 30, 1998. The document number of this corporation is F98000003732. I fin-ther certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on March 17, 2020, and that its status is active. I fiHffier certify that said corporation has not filed a Certificate of Withdrawal. Given under nzy hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventeenth day of March, 2020 Tracking Number: 9171955566CC I I�Wwvw- Secre-fary of State To authenticate this certificatevisit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunbiz.orgIFilingsICertificateOfStatusICertificateAuthentication NONCOLLUSION AFFIDAVIT OF PRIME BIDDER Patrick Allman 1, depose and state: (1) lam, Title GEoeral 149mger of COMPANY the Bidder that has submitted the attached Bid; (2) | am fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid bgenuine and ixnot acollusive orsham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agent, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Did in connection with the Contract for which the attached Bid has been submitted or to refrain from Bidding in connection with such Contract, or has in any manner, directly urindirectly, sought byagreement ur collusion or communication or conference with any Bidder, firm or person to fix the price or prices or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Daytona Beach, FL (Local Public Agency) orany person interested inthe proposed Contract; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. VERIFICATION Under penalties of perjury, I declare that I have read the foregoing Non -collusion Affidavit of Prime Bidder and that the facts stated initare true. PatzickAlljmn Print Name Signature 7/29/2020 OFFER PACKAGE DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE OFFERS: - If there are two or more low Responsive Offers from Responsible Suppliers that are identical in price and other evaluation criteria, the tie will be awarded to the following in order of preference: a) the Supplier qualifying for local preference under Code 30-86; b) the Supplier in compliance with the drug free workplace certification requirements set forth in Florida Statutes 287.087; or c) the most Responsible Supplier as defined under the City Code 30-82 (9)(c). In order to have a drug-free workplace program, a business will• 1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violation. 3) Give each employee engaged in providing the Commodities or contractual Services that are under Offer 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 underbid, 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 contendre to, any violation occurring in the workplace no later than five days after such conviction. 5) Impose 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. (Signature) OFFER PACKAGE SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1. This sworn statement is submitted to City of Daytona Beach (print name of the public entity) by Patrick Allman, General N,arkger (print individual's name and title) for 0t y Barll factoring Cawany (print name of entity submitting sworn statement) whose business address is 1484 Massaro Blvd. Tama, Fl. 33619 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0846345 (If the entity has no FEIN, insert the Social Security Dumber of the individual signing this sworn statement above: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined In Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes means: (a) A predecessor or successor of a person convicted of a public entity crime, or SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, cont. (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, will be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies) x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, cont. DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. VERIFICATION Under penalties of perjury, I declare that I have read the foregoing Sworn Statement Pursuant To Section 287.133(3)(A),Florida Statutes, On Public Entity Crimes and that the facts stated in it are true. Patrick Allman Print Name Signature 7129120 Date LOCAL VENDOR AFFIDAVIT NIA - Complete and submit this form ONLY if you qualify for local preference as provided in the City of Daytona Beach Purchasing Code. A copy of the Bidder's Daytona Beach Business Tax Receipt must be submitted with this Affidavit. NAME OF BIDDER: LOCAL BUSINESS ADDRESS (street address being used to claim Local Preference, including. zip code): The undersigned certifies under penalty of perjury each of the following: The Local Business Address has continuously been used as a Permanent Place of Business with at least one full-time employee since (insert date) The Local Business Address has consistently offered or provided the goods or services being solicited by the City of Daytona Beach during the time referenced above. The Local Business Address has not been established with the sole purpose of obtaining the advantages that may be granted pursuant to the Local Preference provisions of the City of Daytona Beach Purchasing Code. VERIFICATION Under penalties of perjury, I declare that I have read the foregoing Local Vendor Affidavit and that the facts stated in it are true. Print Name Signature Date The City of Daytona Beach reserves authority to require a copy of the corporate charter, corporate income tax filing return, and any other documents(s) to evaluate the Bidder's Local Preference claim. OFFER PACKAGE AFFIDAVIT OF COMPLIANCE FOR � This iatocertify that as required, all sodium hypochlorite to be furnished under this Bid/Proposal will comply with AVVAStandard B3OO-lQ(the most recent standard available the meofth is Bid/Proposal) as such may be amended and also the Specification for this bid. Further, this intocertify that all sodium hypochlorite to be furnished under this Bid/Proposal will comply with NSF Standard 60 and iscertified byNSF assuch. Further, the sodium hypochlorite supplied under this bid/proposal is|n compliance with Water Chemicals Codex directives, latest revision, for impurity limits. Patrick H. Allman General Manager Secretary December 11, 2019 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS, BID FORMS, CONTRACTS & PERMITS ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom It May Concern, WHEREAS, the Board of Directors of Odyssey Manufacturing Co. has determined it to be in the best interest of the Corporation to establish a Corporate Resolution. Be it: RESOLVED, The undersigned hereby certifies that Patrick H. Allman, its General Manager, is authorized to sign bids and all bid forms; to execute agreements and any documents associated with these agreements; and to sign any permit documents on behalf of Odyssey Manufacturing Co. Additionally, the undersigned is the duly elected and qualified Secretary and the custodian of the books and records and seal of Odyssey Manufacturing Co., a corporation duly formed pursuant to the laws of the state of Delaware and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on March 28, 2019, and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 28th day of March, 2019. CORPORATE SEAL Stephen Sidelko, Secretary 9 "LVW. MA ,�reA 1 W4� - - laff�f"as�ident YI ODYSSEY MANUFACTURING CO. ODYSSEY MANUFACTURING CO. 08/20/17 Ultra -Chlor Sodium Hypochlorite Specification For 12.5 Trade Percent Available Chlorine Item Guarantees Typical Values Chemical Formula: NaOCI in water NaOCI in water Delivered Grams per Liter: >120 GPL 122 - 125 GPL Delivered Trade Percent/Percent by Volume > 12,0 12.2-1.2.5 Specific Gravity Range: 1.159 - 1.169 1.163 - 1.165 % by Weight Excess Sodium Hydroxide: 0.2-0.4 0.25-0.35 pH: 12.5-13.0 12.6-12.9 Weight % Available Chlorine: >10.4 10,55-10.8 Weight % Sodium Hypochlorite: >-10.8 11.0-11.3 lb/gallon Available Chlorine: >—I lb/gallon 1.03 - 1.04 lb/gallon Gallons required to Obtain llb of Chlorine: .96 - I gallon .96 -.97 gallon Iron (Fe): <030 mg/L .1 - .2 mg/L Copper (Cu): <0.03 mg/L Not detectable Nickel (Ni): <0.03 mg/L Not detectable Manganese (Mn): <0.03 mg/L Not detectable Selenium (Se): <.02 mg/L Not detectable Bromate: <20 mg/L 0 — 5 mg/L Perchlorate (At time of manufacture): <10 mg/L Not Detectable Chlorate (At time of manufacture): <2,000 mg/L 500-1,000 mg/L Viscosity (Varies with temperature): 1.75 — 2.50 centipois 1.75 — 2.50 centipois Specific Heat: .90 -.94 Cal./gm/deg C .91 -.93 Cal./gm/deg C Thermal Conductivity: .2 -.4 W/m/deg C .3 - .35 5 W/m/deg C Suspended Solids Test (e.g. Filter Test): <3 minutes .9 —1.25 minutes Appearance: Greenish -yellow liquid Greenish -yellow liquid Note: Product is certified to meet ANSI/NSF Standard 60 and is in compliance with ANSI/AWWA Standard B300-10. ODYSSEY SAFETY DATA SHEET MANUFACTURING CO. REVISED 1/01/20 SECTION I - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION 1.1 Product identifier Product name: Ultra -CHLOR Product code(s): 8 (As classified by 49 CFR 173 due to destruction over time of steel and aluminum) Synonyms: Sodium Hypochlorite Solution, Bleach Solution, Bleach Liquor, Hypo -solution, Bleach, Liquid Bleach REACH Registration Number: The materials in this product have been registered according to Regulation (EC) 1907/2006. 1.2 Relevant identified uses of the substance or mixture and uses advised against Uses: Cleaner, Disinfectant, Biocide and Sanitizer Uses Advised Against: None 1.3 Details of the Supplier and of the Safety Data Sheet (SDS) Odyssey Manufacturing Co. 1484 Massaro Boulevard. Tampa, Florida 33619 +1-813-635-0339 (24 hours) 1.4 Emergency telephone number: 1 -800 -ODYSSEY (Florida) 1-813-635-0339 (Outside Florida) 1-813-340-9093 (Control Room Cell Phone) SECTION II - HAZARDS IDENTIFICATION 2.1 Classification of substance or mixture Classification REGULATION (EC) No 1272/2008 Skin Corrosiveness: IB; Skin Irritant: 2 Eye Irritant: 2 Aquatic Acute: I Description: Clear, greenish -yellow liquid; chlorine -like odor. to all areas contacted. 2.2 Label elements Labeling Regulation (EC) No 1272/2008 Hazard pictograms Signal word: DANGER Hazard statements: Irritating to eyes, skin and respiratory system. Can cause burns H314 — Causes severe skin burns and eye damage H319 — Causes serious eye irritation II400 — Very toxic to aquatic life [Prevention] P260 — Do not breathe dusts or mists. P264 — Wash hands or any exposed skin areas thoroughly after handling. P273 — Avoid release to the environment. P280 — Wear protective gloves/protective/clothing/eye protection/face protection. Page 1 of 10 [Response] P301 + P330 + P331 – IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. P303 + P361 + P353 – IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower. P363 –Wash contaminated clothing before reuse. P304 + 340 – IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. P310 – Immediately call a POISON CENTER or doctor/physician. P305 + P351 + P338 – IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. P337 – If eye irritation persists: Get medical advice/attention. P391 –Collect spillage. [Storage] P405 – Store locked up. [Disposal] P501– Dispose of container in accordance with local/regional/national/international regulations. Classification accordin to Directive 67/548/EEC or Directive 1999/45/EC 0 Risk phrases: R31 – Contact with acids liberates toxic gas. R34 – Causes burns. 836/38 – Irritating to eyes and skin. R50 – Very toxic to aquatic organisms. Safety phrases: S 1/2 – Keep locked up and out of the reach of children. S26 – In case of contact with eyes, rinse immediately with plenty of water and seek medical advice. S28 –After contact with skin, wash immediately with plenty of soap -suds. S37/39 – Wear suitable gloves and eye/face protection. S45 – In case of accident or if you feel unwell, seek medical advice immediately (Show the label whenever possible). S50 – Do not mix with acids or other incompatible materials (refer to section 10). S60 – This material and its container must be disposed of as hazardous waste. Additional labeling: EUH031 – Contact with acids liberates toxic gas. SECTION I.II - COMPOSITION INFORMATION ON INGREDIENTS 3.1 Substances Chemical nature: Sodium hypochlorite, aqueous solution U4, �v"N'"n,„,, 10.0-16.0 Sodium !Iypochlorite 7681-52-9 231-668-3 017-011-00-1 C, R34; R31: N, R50 —0.1-0.4 Sodium Hydroxide 1310-73-2 215-185-5 011-002-00-6 Xi, 36/38 83.6-89.9 Water 7732-18-5 231-791-2 3.2 Mixtures- Not applicable SECTION IV - FIRST-AID MEASURES 4.1 Description of first aid measures Inhalation: If product vapors or mists cause respiratory irritation or distress, move the exposed person to fresh air immediately. If breathing is difficult or irregular, administer oxygen; if respiratory arrest occurs, start artificial respiration by trained personnel. Loosen tight clothing such as a collar, tie, belt or waistband. If symptoms persist, seek medical attention immediately. Eyes: Immediately flush eyes with large amounts of water for 15 minutes, occasionally lifting upper and lower lids. Remove contact lenses after the first 5 minutes and continue washing. Obtain immediate medical attention, preferably from an ophthalmologist. Page 2 of 10 Skin: Flush skin with large amounts of water while removing contaminated clothing. Wash affected area with soap and water. Wash contaminated clothing and shoes thoroughly before reuse. Seek prompt medical attention if rash develops. Ingestion: Rinse mouth with water. Do not induce vomiting unless directed to do so by medical personnel. Never give anything by mouth to an unconscious person. Get medical attention immediately. 4.2 Most important symptoms and effects, both acute and delayed Potential health symptoms and effects Eyes: Causes severe eye irritation and burns. Symptoms include redness, pain, itching, burning sensation and tearing. Material is extremely destructive to eyes, mucous membranes and surrounding tissues. Skin: Causes severe skin irritation and bums. Symptoms include redness, pain, itching and burning sensation. May be harmful if absorbed through the skin. Inhalation: Vapors and mists may be harmful is inhaled, causing sore throat and cough. Material is extremely destructive to the tissue of the mucous membranes and upper respiratory tract. Ingestion: May cause severe gastrointestinal tract irritation with abdominal pain, burning sensation, cough, diarrhea, sore throat and vomiting. May cause bums and irritation to mucous membranes of the mouth and to tissues of the digestive tract. Chronic: Repeated or prolonged contact with spray mist may produce chronic eye irritation, severe skin irritation" and/or respiratory tract irritation leading to frequent attacks of bronchial infection, SECTION V - FIRE FIGHTING MEASURES 5.1 Extinguishable media Suitable methods of extinction: Material does not bum. Use fire extinguishing media appropriate for surrounding materials. Unsuitable methods of extinction: None listed 5.2 Special hazards arising from the substance or mixture Closed containers may explode (due to the build-up of pressure) when exposed to extreme heat. During emergency conditions overexposure to toxic decomposition products may cause a health hazard. Fire may cause the evolution of chlorine, hydrogen chloride gas and chlorine oxides. Symptoms may not be immediately apparent. Obtain immediate medical attention. 5.3 Advice for firefighters Full protective equipment including self-contained breathing apparatus should be used. Water may be used to cool closed containers to prevent pressure build-up and possible autoignition or explosion when exposed to extreme heat. If possible, firefighters should control run-off water to prevent environmental contamination. SECTION VI - ACCIDENTAL RELEASE MEASURES 6.1 Personal precautions, protective equipment and emergency procedures Avoid breathing vapors/mists. Avoid contact with skin and eyes. Wear appropriate protective clothing designated in Section 8. Ventilate the area. Evacuate personnel to safe areas. 6.2 Environmental precautions Avoid dispersal of spilled material or run-off and prevent contact with soil and entry into drains, sewers or waterways. Contain and recover liquid when possible. 6.3 Methods and materials for containment and cleaning up Cover drains. Cover with a large quantity of inert absorbent (e.g. sand, vermiculite, kitty litter, dry earth). Do not use combustible materials such as saw dust. Collect product using a shovel and place into approved container for proper disposal as hazardous waste. For large spills use water spray to divert vapor drift. Observe possible material restrictions (section 7.2 and 10.5). Clean contaminated area with water. Do not mix with other cleaning agents that may liberate chlorine gas vapors. US Regulations (CERCLA) require reporting spills and releases to soil water and air in excel of reportable quantities. Reportable quantity (RQ) for hypochlorite solutions is 45.36 kg (100 lbs). Reportable Quantity (RQ): 100 lbs or 45.36 kg (approximately 100 gal or 378.5 L of Odyssey Ultrachlor 12.5 Trade Percent sodium hypochlorite). In the event of a spill (e.g. defined as any release to the environment), call Odyssey Manufacturing and/or the emergency contact numbers as soon as possible for assistance. 'For releases higher than the Reportable Quantity (RQ), you must notify the State Emergency Response Commission at (800) 320-0519 AND the National Response Center at (800) 424-8802 or (202) 267-2675 within 15 minutes!!!*** Page 3 of 10 In the event of a spill, contact either hazardous chemical response company or Odyssey Manufacturing for assistance. Odyssey Manufacturing Co. has a contract with American Compliance Technology, Inc. (ACT) out of Bartow, Florida to perforin emergency response and hazardous material and envirorunental services cleanup for its facilities, .its transportation vehicles and its customer's facilities and transportation vehicles. They can be reached at 800-226-0911. 6.4 Reference to other sections For indications about waste treatment, see section 13. SECTION VII -.HANDLING AND STORAGE 7.1 Precautions for safe handling Observe label precautions. Avoid contact with skin and eyes. Wear all appropriate protective equipment specified in Section 8. Wash thoroughly after handling. Keep containers closed when not in use. Use proper equipment for listing and transporting all containers. Advice on protection against fire and explosion Material is non-flammable and non-combustible. 7.2 Conditions for safe storage, including any incompatibilities Keep in cool, dry, ventilated storage areas in closed containers. Protect against physical damage. Isolate from incompatible substances. Do not store near acids, heat, oxidizable materials or organics. Store in a receptacle equipped with a vent. Transfer only to approved containers having correct labeling. Containers that have been opened should be carefully resealed and kept upright to prevent leakage. Do not take internally. Keep locked up and out of reach of children. 7.3 Specific end uses Apart from the uses mentioned in section 1.2, no other specific uses are stipulated. SECTION VIII - EXPOSURE CONTROLS AND PERSONNEL PROTECTION 8.1 Control parameters 8.2 Exposure controls Engineering Measures: Technical measures and appropriate working operations should be given priority over the use of personal protective equipment. Use adequate ventilation. Local exhaust is preferable. See section 7.1. Individual protection measures: Wear protective clothing to prevent repeated or prolonged contact with product. Protective clothing needs to be selected specifically for the workplace, depending on concentrations and quantities of hazardous substances handled. The chemical resistance of the protective equipment should be enquired at the representative supplier. Hygiene measures: Facilities storing or using this material should be equipped with an eyewash station and safety shower. Change contaminated clothing. Preventive skin protection is recommended. Wash hands thoroughly after use, before eating, drinking or using the lavatory and at the end of the workday. Eye/face protection: Wear tightly fitting protective goggles and a face shield (8 -inch minimum). Refer to 29 CFR 1910.133, ANSI 287.1 or European Standard .EN 166. Hand Protection: Wear gloves recommended by glove supplier for protection against materials in section 3. Gloves must be inspected prior to use. Gloves should be impermeable to chemicals and oil. Breakthrough time of selected gloves must be greater than the intended use period. Use proper glove removal technique (without touching glove's outer surface) to avoid skin contact with this product. Other protective equipment: Wear impervious, protective chemical resistant clothing including boots, gloves, lab coat, apron or coveralls as appropriate to the situation to prevent skin contact. Page 4 of 10 y Sodium 7681-52-9 2 mg/m3 TWA; 0.5 ppm as CL2 TWA; 2 mg/m3 STEL Hypochlorite skin i ppm as CL2 STEL, A4 Sodium Hydroxide 131.0-73-2 2 Mg/M3 TWA 2 mg/m3 Ceiling 8.2 Exposure controls Engineering Measures: Technical measures and appropriate working operations should be given priority over the use of personal protective equipment. Use adequate ventilation. Local exhaust is preferable. See section 7.1. Individual protection measures: Wear protective clothing to prevent repeated or prolonged contact with product. Protective clothing needs to be selected specifically for the workplace, depending on concentrations and quantities of hazardous substances handled. The chemical resistance of the protective equipment should be enquired at the representative supplier. Hygiene measures: Facilities storing or using this material should be equipped with an eyewash station and safety shower. Change contaminated clothing. Preventive skin protection is recommended. Wash hands thoroughly after use, before eating, drinking or using the lavatory and at the end of the workday. Eye/face protection: Wear tightly fitting protective goggles and a face shield (8 -inch minimum). Refer to 29 CFR 1910.133, ANSI 287.1 or European Standard .EN 166. Hand Protection: Wear gloves recommended by glove supplier for protection against materials in section 3. Gloves must be inspected prior to use. Gloves should be impermeable to chemicals and oil. Breakthrough time of selected gloves must be greater than the intended use period. Use proper glove removal technique (without touching glove's outer surface) to avoid skin contact with this product. Other protective equipment: Wear impervious, protective chemical resistant clothing including boots, gloves, lab coat, apron or coveralls as appropriate to the situation to prevent skin contact. Page 4 of 10 Respiratory Protection: Always use an approved respirator when vapor/aerosols are generated. Where risk assessment shows air -purifying respirators are appropriate use a full-faced respirator with multi-purpose combination (US) or type ABEK (EN 14387) respirator cartridges as a backup to engineering controls. If the respirator is the sole means of protection, use a full - face supplied air respirator. Use respirators and components tested and approved under appropriate government standards such as NIOSH (US) or CEN (EU). Environmental exposure controls: Do not empty into drains SECTION IX - PHYSICAL AND CHEMICAL PROPERTIES 9.1 Information on basic physical and chemical properties Appearance Clear, greenish yellow colored liquid Odor Pungent, chlorine -like Odor Threshold No data available Molecular Weight 74.44 (sodium hypochlorite) Chemical Formula NaOCI (sodium hypochlorite) pH 11— 13 Freezing Point -13.9° C (7° F) Initial Boiling Point 100° C (212° F) — lowest known value Evaporation Rate <1 (BuAc= 1) Flammability (solid, gas) No data available Flash Point No data available Autoignition Temperature No data available Decomposition Temperature 110° C (230° F) Lower Explosive Limit (LEL) No data available Upper Explosive Limit (UEL) No data available Vapor Pressure No data available Vapor Density No data available Relative Density 1.15 —1.17 g/ml (9.597 — 9.764 Ib/gal) @ 60 ° F Viscosity No data available Solubility in Water Complete Partition Coefficient: No data available n-octanol/water Volatiles by Volume @ 70° F No data available; decomposes leaving salt solution 9.2 Other data - No data available SECTION X - STABILITY AND REACTIVITY 10.1 Reactivity Slowly decomposes on contact with air. Rate increases with the concentration and temperature. Exposure to sunlight accelerates decomposition. 10.2 Chemical stability Stable under recommended storage conditions. Slowly decomposes on contact with air. Rate increases with the concentration and temperature. Exposure to sunlight accelerates decomposition. Sodium hypochlorite becomes less toxic with age. 10.3 Possibility of hazardous reactions Avoid excessive heat and sources of ignition. Flammable hydrogen may be generated from contact with metals such as: aluminum, brass, tin, zinc and alloys of these metals. Avoid contact with acids, halogenated organics, organic nitro compounds and glycols. Hazardous gases may be generated from contact with acids, ammonium hydroxide (aqua ammonia) or cleaners containing ammonia compounds. Violent reactions may occur with some organic compounds. Sodium hypochlorite reacts readily with various reducing sugars (e.g. fructose, galactose, maltose, dry whey solids) to produce carbon monoxide. Precautions should be taken including atmospheric monitoring of the tank to ensure safety of personnel. Hazardous polymerization will not occur. 10.4 Conditions to avoid Light, heat, air and contact with incompatible materials (see section 10.5). Page 5 of 10 10.5 Incompatible materials Ammonia, amines, ammonium salts, aziridine, methanol, phenyl acetonitrile, cellulose, ethyleneimine, organic materials, oxidizable metals/powdered metals, acids, soaps and bisulfates. Forms shock -sensitive mixtures with certain other materials. 10.6 Hazardous decomposition products Thermal decomposition products include chlorine gas, hydrogen chloride gas, hydrochloric acid, sodium oxide. Decomposition rate increases with temperature. SECTION XI - TOXILOGICAL INFORMATION 11.1 Information on toxicological effects Acute Oral Toxicity (Sodium Hypochlorite) TDLo - Igm/ kg oral (woman) TDLo - 45mg/kg intravenous (man) LD50 - 5,800 mg/kg (mouse) LD50 - 140 mg/kg - 9 week(s) continuous oral (rat) Acute inhalation toxicity May cause severe bronchial irritation, sore throat with possible blistering, coughing, stomatitis, nausea, labored breathing, shortness of breath and pulmonary edema. 10-20 mg/m3 causes burning of the nose and throat; 40-60 mg/m3 may be fatal. If.sufficient amounts are absorbed, may cause effects as detailed in acute ingestion. Acute dermal toxicity Extent of damage depends on concentration, pH, and volume of solution and duration of contact. May cause redness, pain, blistering, itchy eczema and chemical burns. Sensitization reactions are possible in previously exposed persons. Skin irritation Skin irritation - 24 li (Rabbit) Eye irritation Rabbit, Adult — 10 mg, moderate irritation May cause redness, pain, and blurred vision. Solutions of 5% splashed in human eyes have caused a burning sensation and later only slight superficial disturbance of the corneal epithelium which cleared completely in the next day or two without special treatment. However, one animal study reports a 5% solution causing only moderate irritation with clearing within 7 days. A higher concentration of 15% tested on rabbit eyes caused immediate severe pain, hemorrhages, rapid onset of ground-glass appearance of the corneal epithelium, moderate bluish edema of the whole cornea, chemosis and discharge for several days. Such eyes have sometimes healed in 2-3 weeks with slight or no residual corneal damage but they had neovascularization of the conjunctiva and distortion of the nictitating membrane by scarring. Sensitization May cause allergic skin reaction Genotoxicity in vitro No data available Mutagenicity Mutation in micro organisms — Salmonella typhimurium ling / plate (-S9) DNA repair — Escherichiacoli 20 ug/ disc; DNA damage — Esoherichiacoli 420 umoI/L; Phage inhibition capacity — Esoherichiacoli 103 ug/ well Micronucleus test - non -mammalian species multiple 200 ppb Cytogenetic analysis - non -mammalian species multiple 120 ug/ L Cytogenetic analysis —human lymphocyte 100 ppm 24hour(s) Sister chromatid exchange — human embryo 149 mg/ L Cytogenetic analysis — hamster lung 100 mg/ L Aspiration hazard No test data available. Risk of serious damage to lungs by aspiration. Specific organ toxicity - single exposure Page 6 of 10 No data available Specific organ toxicity - repeated exposure May cause allergic skin reactions, dermatitis (allergic and contact) and asthma or bronchitis. Sensitization reactions are reported in individuals who are exposed in small amounts through their water supply. High doses have caused sperm abnormality in mice. Additional information RTECS: Not available 11.2 further information Ingestion: May cause irritation and erosion of the mucous membranes, vomiting (possibly bloody) and abdominal pain and spasms. A drop in blood pressure, shallow respiration, edema (possibly severe) of pharynx, larynx, and glottis, confusion, convulsions, delirium and coma may occur. Cyanosis and circulatory collapse are possible. Esophageal or gastric perforation and strictures are rare. Death may occur, usually due to complications of severe Iocal injury such as toxemia, shock, perforations, hemorrhage, infection and obstruction. Massive ingestions may produce fatal hyperchloremic metabolic acidosis or aspiration pneumonitis. Further data: Handle in accordance with good industrial hygiene and safety practice. Chronic Effects Persons with impaired respiratory function may be more susceptible to the effects of this substance. Sodium Hypochlorite (hypochlorite salts) is listed by IARC as a Group 3 Carcinogen —Not classifiable as to its carcinogenicity to humans. Sodium Hydroxide is not listed by IARC. None of the components of this product are listed as carcinogens by ACGIH, IARC, NTP or OSHA. No data is available regarding its mutagenicity and/or teratogenicity of this material, nor is there any available data that indicates it causes adverse developmental and/or fertility effects. SECTION XII - ECOLOGICAL INFORMATION 12.1 Toxicity Aquatic Ecotoxicity: This product is very toxic to aquatic organisms. Aquatic Ecotoxicity: Acute and prolonged toxicity to fish: LCso — Pimephales promelas (.Fathead minnow) 96 h: 0.22 — 0.62 mg/L LCso — Oncorhynchus clarki (Cutthroat trout) 96 h: 0.94 gg/L (mortality) Acute toxicity to aquatic invertebrates: ECso —Daphnia magna (Water flea), 96 h: 2.1 mg/L LCso — Protozoan phylum (Protozoa), 7 h: 31.6 µg/L Acute toxicity to aquatic plants: LCso — Algae, phytoplankton, algai mat (Algae), 96 h: 90 gg/L (mortality) ECso — Desmodesmus subspicatus (Green algae), 24 b: 28 mg/L Acute pbytotoxicity, aquatic plants: Biomass reduction — Potamogeton crispus (Curled pond weed), 35h: 23 gg/L Acute toxicity, miscellaneous aquatic: Chlorophyll Threshold, Aquatic community, 28 d: 2.1 gg/L 12.2 Persistence and degradability Biodegradability The methods for determining the biological degradability are not applicable to inorganic substances. 12.3 Bioaccumulation potential Partition coefficient, n-octanol in water: Data not available Bioaccumulation is not expected 12.4 Mobility in soil Product is mobile in water. 12.5 Results of PBT and vPvB assessment PBT/vPvB assessment is not available as chemical safety assessment was not conducted. Page 7 of 10 12.6 Other adverse effects Additional ecological information This material is a very toxic to aquatic life. Do not allow material to run into surface waters, wastewater or soil. SECTION XIII -- DISPOSAL CONSIDERATIONS 13.1 Waste treatment methods The generation of waste should be avoided or minimized whenever possible. This material is subject to disposal regulations under U.S. EPA 40 CFR Parts 261 and 262. Container should be disposed of in a safe way as empty containers may contain product residue. Leave chemicals in original containers. No mixing with other waste. Handle unclean containers like the product itself. Incinerate in an approved facility. Do not incinerate closed container. Dispose of in accordance with the Directive 2008/98/EC as well as other national, federal, state/provincial and local laws and regulations. No waste code according to the European Waste Catalogue can be assigned for this product, as the intended use dictates the assignment. Th ' e waste code is established in consultation with the regional waste disposer. SECTION XIV - TRANSPORT INFORMATION US DOT (Domestic Ground Transportation) Proper Shipping Name: Hypochlorite Solutions Hazard Class: 8 (As classified by 49 CFR 173 due to destruction overtime of steel and aluminum) Packing Group: III NAERG: Guide #154 Packaging Authorizations: Non -Bulk: 49 CFR 173.203; Bulk: 49 CFR 173.241 Packaging Exceptions: 49 CFR 173.154 IMO/1MDG (Water Transportation) Proper Shipping Name: Hazard Class: UN/NA#: Packing Group: Marine Pollutant: EMS Number: ICAO/IATA (Air Transportation) Proper Shipping Name: Hazard Class: UN/NA#: Packing Group: Quantity Limitations: RID/ADR (Rail Transportation) Proper Shipping Name: Hazard Class: UN/NA#: Packing Group: Hypochlorite Solutions 8 (As classified by 49 CFR 173 due to destruction over time of steel and aluminum) UN 1791 III NO F -A, S -B Hypochlorite Solutions 8 (As classified by 49 CFR 173 due to destruction over time of steel and aluminum) UN1791 III 49 CFR 175.75 - Cargo Aircraft Only: 60L Passenger Aircraft: 5L Hypochlorite Solutions 8 (As classified by 49 CFR 173 due to destruction over time of steel and aluminum) UN1791 III SECTION XV -REGULATORY INFORMATION 15.1 Safety, health and environmental regulations/legislation specific for substance or mixture U. S. Federal Re2ulations Page 8 of 10 OSHA Hazard Communication Standard: This material contains "Hazardous Chemicals" as defined by the OSHA Hazard Communication Standard (29 CFR 1910.1200). OSHA PSM: Not regulated under OSHA Process Safety Management Standard (PSM) 29 CFR 1910.119 EPA RMP: Not regulated under EPA Risk Management Standard (RMP) 40 CFR Part 68 EPA FIFRA: This product is a registered Pesticide under the Federal insecticide, Fungicide and Rodenticide Act (FIFRA) 40 CFR Part 150 TSCA Status: All components of this product are listed on the Toxic Substance Control Act (TSCA) Inventory. This product not subject to TSCA 12(b) Export Notification, Superfund Amendments and Reauthorization Act (SARA) SARA Section 311/312 Hazard Categories: This product is subject to the reporting requirements of Section 311/312 of the Emergency Planning and Community Right -to Know Act of 1986. Acute: Yes Chronic: No Fire: No Reactive: No SARA 313 Information: None of the chemicals in this product exceed the threshold (de minimis) reporting levels established by Section 313 of the Emergency Planning and Community Right -to Know Act of 1986. SARA 302/304 Extremely Hazardous Substance: No components of the product exceed the threshold (de minimis) reporting levels established by of these sections of Title III of SARA. SARA 302/304 Emergency Planning & Notification: No components of the product exceed the threshold (de minimis) reporting levels established by of these sections of Title III of SARA. Comprehensive Response Compensation and Liability Act (CERCLA): This product contains the following CERCLA reportable substances: Sodium Hypochlorite (CAS # 7681-52-9), RQ —45.36 kg (100 lbs) Sodium Hydroxide (CAS # 1310-73-2), RQ — 453.59 kg (1,000 lbs) *Special Note: The Reportable Quantity (RQ) of Ultra -CHLOR Solution is approximately 100 gallons Clean Air Act (CAA) This product does not contain any chemicals that are listed as Hazardous Air Pollutants (HAPS) designated in CAA Section 112 (b). This product does not contain any Class I Ozone depletors. This product does not contain any Class 2 Ozone depletors. Clean Water Act (CWA) Sodium hypochlorite, sodium hydroxide and hypochlorite solutions are listed as Hazardous Substances under the CWA. None of the chemicals in this product are listed as Priority Pollutants under the CWA. None of the chemicals in this product are listed as Toxic Pollutants under the CWA. U.S. State Regulations California Prop 65, Safe Drinking Water and Toxic Enforcement Act of 1986: This product contains no chemical(s) known to the state of California to cause cancer or other reproductive harm. Other U.S. State Inventories: Sodium hypochlorite (CAS 97681-52-9) is found on the following State Hazardous Substance Inventories and/or Right -to - Know lists: CA, DE, MA, MN, NY, NJ, PA. Sodium hydroxide (CAS #1310-73-2) is found on the following State Hazardous Substance Inventories and/or Rigbt-to- Know lists: CA, DE, ID, MA, MN, NY, NJ, PA, WA, WI. Canada WHMIS Hazard Symbol and Classification: Class E — Skin Irritant Canadian Controlled 'Products Regulations (CPR): This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations, and the SDS contains all the information required by the Controlled Products Regulations. Canadian Ingredient Disclosure List (IDL): Sodium hypochlorite and sodium hydroxide are listM on the IDL. Canadian National Pollutant Release Inventory (NPRI): None of the ingredients in this product are listed on the NPRI. European Economic Community WGK, Germany (Water danger/protection): 2 Chemical InventoryLists Page 9 of 10 United States Toxic Substance Control Act (TSCA) Yes Canada Domestic Substance List (DSL). Yes Canada Non -Domestic Substance List (NDSL ) Yes Europe Inventory of New and Existing Chemicals (EINECS) Yes Australia Australian Inventoa.of Chemical Substances (AICS) Yes New Zealand New Zealand Inventory of Chemicals (NZIoC) Yes China Inventory of Existing Chemical Substances in China (IECSC) Yes Japan Inventog/ of Existing and New Chemical Substances (ENCS) Yes Korea Existing Chemicals List (ECL) Yes Philippines Philippines Inventory of Chemicals and Chemical Substances (PICCS) Yes **::cs'. indicates that all components of this product are in compliance with the inventoryrequirements administered by the governing country. Nyo" indicates that one or more components of this product are not on the inventory and are not exempt from listing. SECTION XVI - OTHER INFORMATION Hazardous Material Information System (HMIS) JL sp&shProtective Goggles Gloves Apron Fte's'p?irr7a;to,r National Fire Protection Association (NFPA) RED Fi. H*ZVd 4. U., 73F 3.1410V ,-, I - BLUE rwlov no F il irwth—W -AWW 200 F Z W 4 - D-fty d& 0b— I YELLOW Rnv 4 '= WHrTE Sqa ific FL—rd (VW. R-Ctilkr qmwb_) ax -oxidic ACID x-ond— ACID -Arid CORR-C—w HMIS / NFPA Hazard Rating Legend * = Chronic Health Hazard 2 = MODERATE 0 = INSIGNIFICANT 3 = HIGH I = SLIGHT 4 = EXTREME For additional information, contact our technical service department. Information contained in this SDS refers only to the specific material designated and does not relate to any process or use involving other materials. This information is based on data believed to be reliable, and the Product is intended to be used in a manner that is customary and reasonably foreseeable. Since actual use and handling are beyond our control, no warranty, express or implied, is made and no liability is assumed by Odyssey Manufacturing in connection with the use of this information. Page 10 of 10 General Name 20561-WATER/WASTEWATER CHEM ICALS Description INFORMATION PAGE (INVITATION) The City of Daytona Beach, Florida, will receive online Offers for 20561-WATER/WASTEWATER CHEMICALS, until 2:00 p.m., on August 3, 2020, Offers received after said time vfli not be accepted. Ail Offers MUST be submitted online. No paper Offers will be accepted. SCOPE: The work generally consists of The City of Daytona is seeking lot -by -lot bids for four different Water and Wastewater Chemicals: Aqua Ammonia, Liquid Carbon Dioxide, Liquid Sodium Hypochlorite, Sodium Silicoflouride. Award will be made to the lowest responsive and responsible bidder for each lot. In order to view solicitation requirements, view the schedule, pose questions, receive updates and addenda or submit an offer please click the 'PARTICIPATE button at the bottom of the solicitation on the Negometrix page. After clicking the participate button the Supplier will be prompted to login or register the company. Clicking the participating button does not obligate the Supplier to submit a response. It is recommend that Suppliers register and participate as soon as possible in order to stay informed on this solicitation. QUESTION DEADLINE. The deadline for questions is 7 calendar days before the solicitation Opening Date. Questions should be submitted through the Negometrix Bid Platform using the questions and answer feature by clicking the "?" within the question of the solicitation. Any changes to this solicitation will be made by Addendum or by answering questions and published on the Negometrix Bid Platform. It is the bidder's responsibility to stay informed and up to date. Bids may be held by the City for a period not to exceed 60 days from the date of Offer opening for the purpose of reviewing the Offer and investigating the qualifications of Suppliers prior to awarding the contract. ASSISTANCE AND SUPPORT. Suppliers may contact the Negometrix support desk at the number provided below. (Technical) Assistance (Mon - Fri: 8 am to 6 pm) Negometrix Service Desk Telephone: (724) 888-5294 Email: servicedesk.us@negometrixcom Supplier Getting Started Guide Published on: July 1, 2020 Type Type of contract Supplies Allow multiple offers No Reference number Lot settings Solicitation can be submitted for All lots Solicitation can be awarded to. one supplier All lots for Ck,sc iplJon T11027: of c on 02 Jiai 202:, ([hu). �1:08 PM 1.2 Description T1027 Exported on 02.Jui 2020 (1hu), 3:08 Ptd 222 1.2 - INDEMNIFICATION & INSURANCE REQUIREMENTS For value received, the Supplier will indemnify and hold harmless the City, including the City's officers, employees, and agents, from (i) all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Supplier, or of Supplier's officers, employees, and agents, including subcontractors and other persons employed or utilized by the Supplier in the performance of the Contract; and (ii) all liabilities, damages, injuries, losses, claims, suits, actions, judgments, charges, expenses, or costs of any nature and kind, including attorneys' fees and court costs, arising from or relating to actual or alleged violation of or infringement ofany patent, trademark, copyright, service mark, tnadooenretorinte|lectue|poopedyhghdfor or on account of the use of any product or Services sold to the City or used in performance of the work. IR -2. SUBMISSION [}FINSURANCE. The Successful Supplier must submit any required insurance on or before submission of the signed Contract or prior to issuance of a notice to proceed. IR -3. INSURANCE. Supplier will provide and maintain at Supplier's own expense' insurance of the kinds of coverage and inthe amounts set forth inthis Section. All such insurance will be primary and non- contributory with the City's own insurance. In the event any request for the performance ofServices presents exposures to the City not covered by the requirements set forth below, the City reserves the right &uadd insurance requirements that will cover such mnexposure. A. Coverage and Amounts. 1. Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers' Compensation Insurance,for all employees of Supplier, employed atthe site of the service min any way connected with the work, wbichimthasubjec\ofthinoenviue. The insurance required by this provision will comply fully with the Florida Workers' Compensation Law and include Employers' Liability Insurance with limits of not less than $500.000 per occurrence. Any associated or subsidiary company involved in the oomioo must be named in the Workers' Compensation coverage. 2. Liability Insurance, including (i)Commercial General Liability coverage for operations, independent Suppliers, products -completed operations, broad form property damage, and personal injury on an "occurrence" basis insuring Supplier and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and (ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle used by the Supplier inthe performance ofthis Contract. The limit of liability for each policy will be ocombined single limit for bodily injury and property damage of no |eoe thon$1.000.000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager's sole discretion. THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE City AS AN ADDITIONAL INSURED. Supplier's Commercial General Liability insurance policy shall provide coverage toSupplier, and City when required tobenamed oaanadditional insured either by endorsement orpursuant to e blanket additional insured endomement. for those sources ofliability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) without the attachment ofany endorsements excluding or limiting coverage for Products/Completed Operations, Independent Suppliers, Property of City in Supplier's Care, Custody or Control or Property of City on which contracted operations are being performed, Explosion, Collapse or Undeundhazmrds(KCUCovenage. Contractual Liability orSeparation nf|nuunydu). When City ioadded aoadditional insured byendorsement, INSURANCE — PAGE 1 ISO Endorsements [G 201Oand {G2O37 or their equivalent shall be used to provide such Additional Insured status that is at least as broad as ISO form CG 20 10 11 85. . 3. Pollution Liability inthe amount of$1.O0O.00OPer Loss, $2,0OO.00OAnnual Aggregate. Such coverage will include bodily injury, sickness, disease, mental anguish orshock sustained byany person, including death property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including cuoto, charges and expenses incurred in the investigation, adjustment urdefense nfclaims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations ( including transportation of the product(s)) of the contractor. The City ofDaytona Beach shall b*named anadditional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to atleast the first date cf this agreement and with a three-year reporting option beyond the Annual expiration date ofthe po|iny.) Unless specifically waived hereafter in writing by the Risk Manager, Supplier agrees that the Insurer will waive its rights of subrogation, if any, against the City on each of the types of required insurance coverage listed above. B. Proof ofInsurance. Supplier will furnish proof of insurance acceptable to the City prior to or at the time nfexecution ofthis Contract. Supplier will not commence work until all proof ofsuch insurance has been filed with and approved bythe City. Supplier will furnish evidence cfall required insurance inthe form of certificates of insurance which will clearly outline all hazards covered as itemized above, the amounts of insurance applicable toeach hazard, and the expiration dates. |frequested bythe City, Supplier will furnish copies ofthe insurance Contracts tosupport the oortifioab*aof insurance and the copies ofsaid insurance must beacceptable tothe City. C. Cancellation; Replacement Required. Supplier will file replacement certificates 30 days prior to expiration or termination of the required insurance occurring prior to the acceptance of the work by the City. If a required policy is canceled without Supplier's prior knowledge Supplier will immediately notify the City immediately upon becoming aware that a required insurance coverage has been canceled for any reason, and promptly replace the canceled policy. The City expressly reserves the right 0oreplace the canceled policy atSupplier's expense ifSupplier fails todoso. O. Termination of Insurance. Supplier may not cancel the insurance required bythis Contract until the work is comp|eted, accepted by the City and Supplier has received written notification from the Risk Manager that Supplier may cancel the insurance required by this Contract and the date upon which the insurance may becanceled. The Risk Management Division of the City will provide such written notification at the request of Supplier if the request is made no earlier than two weeks before the work is to be completed. E. Liabilities Unaffected. Supplier's liabilities under this Contract will survive and not beterminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Similarly, Supplier's liabilities under this Contract will not be limited to the extent of the existence of any exclusions or limitations in insurance coverages, or by Supplier's failure to obtain insurance coverage. Supplier will not be relieved from responsibility to provide required insurance byany failure of the City to demand such onvenugo, or by City's approval of policy submitted by Supplier that does not meet the requirements. ufthis Contract. F. Risk Manager. All references to the Risk Manager will be deemed to include the Risk Manager's designee. END OF SECTION INSURANCE — PAGE 2 Commodities (6.5.20) THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BYTHE CITY OF DAvTOm4BEACH. THE CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR 4PARTICULAR SOLICITATION BYUSE OF SPECIAL PROVISIONS (COMMODITIES). SECTION 1: DEFINTIONS. Certain terms used herein will have the following meanings. Note some defined terms are not relevant tothis Solicitation: D4. Addenda meanswritten mgraphic instruments issued prior to the end ofthe Offer Phase which darify, correct, or change the solicitation documents or Contract documents, Also means D-2 Bidder —onowhouubmVnonmponooVnaSnicitotion. D-3. City means the City of Daytona Beach, unless the context indicates otherwise, includes the City's officers, employees, and agents. O-4. Commodities means the supplies, materials, Goodn, merchondioe, fuud, equipment, or other personal property, excluding real property, that the Bidder will baobligated 0oprovide the City under any resulting Contract. References to Goods shall mean Commodities. The Commodities are generally set forth inthe Price Sheet. D-5. Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder's execution and includes 1) the Solicitation documents 2) the Offer Package, 3) the Resolution or Ordinance approving award of this Contract 4) all Purchase Orders issued pursuant to the Solicitation documents 6) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other solicitation documents. Also means on agreement to purchase Goods or Son/ioeo or both, regardless of whether the agreement is reduced to a single written document. D-6. Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and oho|| bind the parties to the same extent as that ofon original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically orwhen printed aohardcopy. The City shall determine legibility and acceptability for public record purposes. D-7 means F.Si§§ .078 auamended from time hotime. D-8. Goods means Commodities. D-9. Local Vendor means aperson or business entity which has maintained a permanent place of business with full-time employees within the city limits for mminimum ufsix months prior 8uthe date Offers were received for the purchase or Contract at iuoue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the solicitation fully complies with state and local laws, including City zoning and licensing ordinances. O40. written notice given bythe City stating that staff is recommending award to the listed Bidder. It includes instructions for completing and submitting any Contract that accompanies the NOL D41. Offer means Solicitation Response, Submission, Submittal, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to.be performed. Also means Offer Package. [-12. Offer Deadline means the specific date otime that a Solicitation isdue. No Offers will beaccepted Commodities (6.5.20) D-13. Offer Phase means the period of timebetween the posting of the Solicitation and the deadline (date and time) for which Offer Packages mustbeoubmitted. D-14. Official Time 1) shallb reflected within the Platform aetime remaining inthe Offer Phase 2) the Negomethxclock used todetermine when the Offer Deadline expires. O-15. Platform means NcgnmeUix the sofhwanecurrently used bythe City. All communications regarding this solicitation will baposted ot through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City solicitation packages for Bidders from inception to award of a solicitation, 3) Allow Bidders to submit on Offer Package online, eAechnniosUK through the Platform, 4) Allow Bidders toview all public record documents related to anOnline Solicitation. D-1 G. Pricing LSheet: The area within the Platform where Bidders will provide their pricing response for the Solicitation. Also known aoPrice sheet. O-17. Purchase Order means a written document to a Supplier formalizing the terms and conditions of a proposed transaction. D-18. Responsible: Refers to o Bidder that has the necessary skills, abi|ity, capacity, and capability to perform the work required under eSolicitation and iuotherwise e|igib(efnrawmod. D-19. Responsive: means conforming in all respects to the Solicitation PockaQo, except minor irregularities. O-20. RESERVED D-21 Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses, Offers, orsubmittals from eligible Bidders. The information may boin the form of electronic documents, files, and information contained in data fields in the Platfon-n. D-22. 8idder, Cuntnautor, Company, Respondent, or Proposer to whom the Contract is O'23. Tabulation Sheet meansthe opening results ufnSolicitation. The Bidder's name, City, and Offer Price will berecorded for Invitations $oBid. U-24. Term Contract means a Contract in which a source of supply is established for a specified period oftime for specified Commodities ntspecified prices. END OFSECTION won-cunmmofion(rev 5.13.20 1'3—SCOPE/SPECIAL PROVISIONS /DRAFT CONTRACT SPECIFICATIONS FOR LIQUID SODIUM HYPOCHLORITE BACKGROUND: The City of Daytona Beach requires delivery of Sodium Hypochlorite (hereinafter, the "Product") for use at the City's Ralph Brennan Water Plant historically the City has required delivery of approximately 15,000 gallons of the Product annually. However, no minimum quantities are guaranteed by this Contract; and if the City may require more than this quantity. If a Supplier is selected to provide the Product to the City the Supplier must be able to provide in the quantities ordered by the City. The City may award contracts for supply of the Product to multiple Suppliers based on the bids submitted herein. PRODUCT SPECIFICATIONS: The Product will meet the following general specifications: 1. Product will have a minimum of 120 Qmmo per Liter (6PL) available chlorine equivalent (a.k.a., 12.0 TradePnmentAweUab|eCh|qhne)andmhaUb*conmistentaadetenninadbychemico|andyois. 2. Product will be a clear nkow colored liquid with no visible doudinaoo, impurities, or sediment. It shall contain no soluble materials ororganic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the liquid sodium hypochlorite. 3. Product will have a minimum of 0. 15.12 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. 4.Product will have not more than O.15%insoluble matter byweight. 5.Product will meet the following containment concentration limits: |nun <O.3mQ/L Copper <O.O3 mg/L Nickel <0.03mg/L Ch}onoUo <2,000mg/L Bromate <201OmQ/L S. The City reserves the right tohave supplied liquid sodium hypochlorite sampled and analyzed by an independent and certified laboratory. 7. The Supplier will provide a material safety data sheet (MSDS) for the liquid sodium hypochlorite prior to beginning delivery. & Product will meet the requirements of the governing standard, a notice of nonconformance will be provided bythe City hothe Supplier within 1Odays ofthe test ohaUprevail. �Uquidsodium hypooh|u�edoes not meet the requirements mfthe governing standard, the Supplier shall namnva the chemical from City premises and replace it with n like amount of satisfactory Liquid sodium hypochlorite otnoadditional expense tothe City. Q. The Product packaging will have markings, hags' labels and/or serial numbers as required by the US The City will order the Product in writing by issuance ofeCity Purchase Order or work authorization sent to the email address indicated on the Offer package form item 10. shall bemade within 48hours ofplacement of the order via issuance ofaCity Purchase Delivery will beFI\B. Destination 1 Shady Place Daytona Beach, FL 1D0Earl St. Daytona Beach, FL na-Commodiflo (rev 6.16.20) 3651 LPGABhd Daytona Beach, FL 1. AlldeliveheswN/be made between 8l0/Mand 3:00PM, Monday through Friday, unless approved otherwise by the City. Suppliers will provide 24 hour notice prior the delivery site. (There mnmloading dock and delivery must beonto the gnoumd.) 2. The Product will be delivered into a 550 -gallon storage tank located at 1 Shady Place and/or a 550 -'gallon storage tank located at 100 Earl St. and/or a 550 -gallon storage tank located at 126 University Blvd and/or a38'UOO'gaUonstorage tank mt the Ralph Brennan Plant located at3G51LPGABlvd. All sites are located inDaytona Beach. 3. Each shipment will be accompanied by o chemical analysis report to show the percent of available chlorine adthe time ofdelivery. 4. Supplier's driver will demonstrate safe work practices appropriate to the product they are delivering and are expected to provide their own PPE. They must have the ability to inspect the tank before and after delivery inorder todetect any problems with the tank. 5. The Supplier will clean up any spills resulting from the failure of its or its subcontractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require delivery personnel's constant inspection and observationofun|oodingoperaUono and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. City reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking Liquid sodium hypochlorite. The Supplier shall observe the entire filling operation oteach delivery site and shall immediately report any spills caused during the filling operations. The Supplier shall take immediate and appropriate actions to clean up any spilled Liquid sodium hypochlorite. |fthe spill iu not cleaned up, City will hire acertified hazardous material handling company buclean upthe spill, and the cost of such service will be charged to the Supplier and deducted from the amount due to the Supplier. If the City's unloading equipment such as pipe, valves urlevel indication and alarms should fail and the spillage is not the fault of the Supplier or its subcontractor, the Supplier shall be relieved of cleanup of the spill. 6. All shipments of the Product will conform to US Department of Transportation (DOT) regulations for marking and handling. 7.Supplier's delivery personnel shall betrained about the upecifioproperties and hazards nfthe product, and utilize appropriate personal protective equipment (PPE) while at City of Daytona Beach facilities 8. Supplier will be required to give a minimum of two on-site traning presentations per year. The presentation is to cover all material safety data infonnadion, safe -handling procedures, and proper usage of the particular chemical in the work environment as prescribed by the controlling regulatory agency for the industry. SUBMITTAL REQUIREMENTS: Suppliers will provide onaffidavit ufcompliance with the requirements uf ANSI/AWWA B300-1 0 standard with the bid form. Product specifications and/or certificate of analysis, and a Material Safety Data Sheet will be submitted upon request prior to awarding the Bid. ITB-Commomnes (rev 6.16.20) SPECIAL PROVISIONS SP -1. EFFECTIVE DATE AND TERM. The Effective Date of this Contract is the date on which the last Party signs it. The suucesafu|8uMdier(s) shall bmawarded uContract for eninitial iyear, commencing on the effective date. The City will have the option to renew this Supplier up to 4 Terms of 1 year each, by providing Supplier written notice. Such notice must be provided at least GO days before the end of the current Term, unless waived bySupplier. SP -2 * WORKDCV|DED INTOLOTS. Award of this Offer willbe on a lot -by -lot basis to the lowest Responsive and Responsible Supplier for each individual lot. Supplier will provide mprice for each lot being Offered. If the Supplier elects not to Offer on a particular lot, Supplier must clearly mark "No Offer on the lines provided for pricing for that lot. SP -3' MINIMUM QUALIFICATIONS SUPPLIER In order to be considered qualified to provide the requested Commodities, the Supplier must have all required permits, must have an active, permanent, and successful operation for a minimum of three years prior to the data of submission of Offer, and must otherwise have sufficient organizational oopocih/. equipment, and facilities toprovide the requested Commodities. SP -4. WORK AUTHORIZATIONS. This Contract, inand nfitself, does not require the Supplier bsprovide any CommodiUea, or require the City to pay for such Commodities. No Commodities will be deemed ordered, and no obligation will arise to pay for such Commodities, except when specifically authorized by a written Work Authorization issued in accordance with the City's Procurement policies. The Work Authorization will generally consist of the Supplier's vvhtten, dated quotation, listing the Commodities offered, including quantities, with reference to the units and prices set forth in the Price Sheet, consistent with the provisions of this Contract; and the City's Purchase Order accepting such Offer. No Work Authorization may alter the terms and conditions of this Contract; and any provision of a Work Authorization. |ncase ofoconflict with aWork Authorization, this Contract will govern. SP -5. PRICE ESCA1AT|ON/DE~ESCALATION(PPQ The City may allow a price escalation provision within this award. The original Contract prices shall be firm for the entirety ofthe initial Contract period. Aprice amcaioUon/de-eaoo|oUonwill beconsidered atthe time ofContract renewal and at 12 -month intervals thereafter, provided the Supplier notifies the City, in writing, of the pending price esGalation/de-escalation a minimum of sixty (60) days prior to the Contract renewal date. The base price will be the beginning of the latest period during which the adjustment is requested. For example, if annual adjustments are permitted under five year contract, but the Supplier doesn't request an adjustment until 60 days prior to year 3, the base period would be the beginning ofyear 2. A price escalation shall be based on the latest version of the Producer Price Index (PPI) — Final Demand Index for Goodn/Tnto|, as published by the U.S. Department of Labor, Bureau oJLabor Statistics. This information is available at www.bls.gov. The maximum escalation for any period will be 4%. Rice adjustment shall be calculated by the monthly percent charge since the beginning of the latest period END 0fSECTION ITB -Commodities (rev 6.16.20) CONTRACT FOR >:t-. Ut THE PARTIES TO THIS CONTRACT are the City of Daytona Beach, a Florida municipal corporation ("City") and 6arn6bf, ' I "—'-Supplier 4he SupIpjier,,in f cl _ w, 8 im: h6rt indii icfu'- "get -ton] ("Supplier"). nyt, olot _ hanan _V af_ In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Scope of Services. Supplier will provide Liquid Sodium Hypochlorite to the City as further described in ITB 4 attached hereto and incorporated herein by reference. Section 2. Incorporation of ITB and Offer Package. The City's Invitation to Bid (ITB),>#, and any Addenda are incorporated herein as Exhibit A. The Supplier's Responsive Offer is attached as Exhibit B. In case of conflicts between the Solicitation, Exhibit A, and the Offer, Exhibit B; Exhibit A (the ITB) will govern. In case of conflicts between Exhibit A and other provisions of this Contract, this Contract will govern. Section 3. Notice. Unless otherwise expressly agreed herein, all notices, requests, and demands to or upon the Parties will be delivered by hand, delivered by a courier Service, provided to a nationally recognized delivery Service for overnight delivery, >[delete ,*e'1'following yellow -highlighted clause 1f no fax o, a: receiving � machine followed , 0 is.,pnividIdd itted t i g f6x transm.1 e y hardcopy within, two day$, or by U.S. mal postage prepaid by registered or certified mail, return receipt requested, to the addresses set forth herein: To the City: Attn: Joann Macrina Deputy Utilities Director The City of Daytona Beach 125 Basin Street, Suite 204 Daytona Beach, FL 32114 Fax: 386.671.8805 To Supplier: Attn: Title: Supplier: Address: City/ST/Zip: Fax: provided, however, that either Party may change the person or address designated for receipt of the Party's notices, by providing written notice to the other Party. Section 4. Authority to Bind Supplier. The undersigned representative of Supplier represents and warrants the he or she is fully authorized to bind Supplier to the terms and conditions of this Contract. Section 5. Integration. This Contract represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by either Party except as expressly set forth herein, or in other contemporaneous written agreements. Section 6. Effective Date and Term. The Effective Date of this Contract is the date on which the last Party signs it. The successful Supplier(s) shall be awarded a Contract for an initial 1 year, commencing on the effective date. The City will have the option to renew this Supplier up to 4 Terms of I year each, by providing Supplier written notice. Such notice must be provided at least 60 days before the end of the current Term, unless waived by Supplier. ITB-Commvmnes (rev 6.16.20) |NWITNESS WHEREOF, the Parties through their undersigned representatives have caused this Contract tobeexecuted induplicate original. By: By: rorbit Mapa'-g`qr*i"00t Printed Name: Letitia LaMagna, City Clerk Approved as to legal form: al Robert Jagger, City Attorney Commodities (6.5.20) SECTION 2: INSTRUCTIONS TO BIDDERS 1134. SOLICITATION DOCUMENTS. The Solicitation Documents consist of the Information Page; those Instructions; General Provisions; Special Provisions, if any; Technical Specifications, if any; Insurance Requirements; the Offer Package, and all additional forms provided by the City as part of this Solicitation that are required hzbecompleted and submitted bythe Bidder aapart ofthe Offer, regardless ofwhether these forms are described herein as exhibits or attachments to the Solicitation. Together, the Offer Forms and the additional forms required to be submitted by the Bidder as part of the Offer, constitute the "Offer Package." Electronic Posting ofSolicitation Documents. The City's ONLY official outlet for publication and posting of City of Daytona Beach Solicitations is on the Negometrix Platform. The Platform is the only place the City will pout Solicitation infonneUon, addendumo. questions & answers and Contract related information. The City WiUnot honor orverify information redistributed ornopomtudbyother entities nnother Internet sites. Bidders relying on such 'second hand' information will du so ettheir own risk and of no consequence hothe City. In making copies of the Solicitation Documents available, the City does so only for the purpose of obtaining Offers and does not confer a license or grant to use the Solicitation Package for any other purpose. /8-2. COMPLETING THE OFFER PACKAGE. In submitting the Offer. the Bidder must complete and include all Offer Package documents. \norder for the Solicitation hobeconsidered complete: A. The Bidder must submit the information required, only on the forms provided by the City as part of the Solicitation Documents, except where the Solicitation Documents opeoifiue||y permit or require otherwise. B. The City requests that the Bidder submit only the forms supplied in the solicitation. If the Bidder submits any additional documents other than the forms provided these extraneous documents will be discarded. The City will issue a Notice of Intent to Award (NOI) to the lowest Responsive and Responsible Bidder. All fields requiring a response must be completed by the Bidder, failure to do so may result in the Bidder's Offer Package being deemed non-responsive and not considered for award. C. Where the Price Sheet only calls for unit prices, the Bidder must quote all unit prices and extend unit prices set forth onthe Price Sheet. The Bidder must include this with their Offer inorder tubmResponsive. If this Solicitation allows for lot -by -lot Offers, the Bidder must comply with the Special Instructions set forth inthe Solicitation Documents. D. The Offer Price (including unit prices and extended prices if applicable), must be stated in numerals. E. The Bidder must not submit alternative Off*na unless this Solicitation specifically authorizes alternate Offers. If this Solicitation specifically requires the submission of alternate line items, the Bidder must submit the base price and the alternative line item price(s) in the format provided on the Price Sheet inVobnconsidered Responsive. F. The Offer may not contain qualifications orexceptions ofany kind. G. All other Offer requirements stated herein must bemet. |B-3.SIGNING THE OFFER PACKAGE. The Offer must contain anoriginal orElectronic Signature ofan individual who iaauthorized bobind the Bidder. The signature must belocated inthe oponn(o)marked for the Bidder's signature. In addition: A. If the Bidder is a general partnership, its name and address must be stated as well as the name and address ofeach member ofthe firm urpartnership. Commodities (6.5.20) B. If the Bidder isajoint venture, the Bidder must provide the full legal names of all persons/firms comprising the joint venture unooparatoaignodattouhment(s. C The person signing the Offer Forms on behalf of the Bidder must be the same person who signs all other Offer Package documents. |8-4. REQUESTS FOR INTERPRETATIONS. If the Bidder is in doubt as to the meaning of any of the documents included in this Solicitation, the Bidder may submit o written request to the City for an interpretation (see questions and anovwam). Such requests must bareceived 7days prior tnOffer opening in order to be considered. The Oh/ is not obligated to respond in such requests. Any clarification or interpretation of the Solicitation Documents issued by the City in the form of a written addendum will be deemed hubo o part ofthe Solicitation Documents. NO ORAL CLARIFICATION DR INTERPRETATION BY ANY PERSON WILL MODIFY OR OTHERWISE EFFECT THE TERK8S, CONO|T|ONS, OR SPECIFICATIONS STATED |NTHESE SOLICITATION DOCUMENTS. ALL MODIFICATIONS WILL 8E EFFECTED |NWRITING BYADDENDUM QUESTIONS AND ANSWERS. All answers to material questions will be published on the Platform. Bidders are required to review all questions and answers within the Solicitation. Questions and answers one as authoritative as any information issued in a formalized addendum and incorporated into the Solicitation Documents orany Contract resulting from this Solicitation. IB -5. ADDENDA T8SOLICITATION DOCUMENTS. Prior 10the Offer opening, the City may, onthe City's own initiative or in response to a request for clarification, furnish Addenda, or answer online questions via the Platform for additions oralterations tothe Solicitation D i lsuppliedbytheCih/. In addition, the City may byAddendum extend the date scheduled furigrOferopening. The Purchasing representative will post Addenda on the Platform and will make reasonable efforts through the Platform to notify all potential Bidders ofthe issuance cfsaid Addendum. The City's Purchasing website address iu Addenda may bafound under the "Public Solicitations" link. However, the Bidder lasolely responsible for ensuring that the Offer Package reflects all such Addenda. |B -R. SUBMISSION OF C»NU0E OFFERS. The City will only accept Offers online through the Platform. Nopaper Offers will beaccepted. Al/ electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described an Microsoft Word (.doc or docx)` Microsoft Excel (.x|o or .x|ux)' Microsoft Power Point (.pptor pptx). or Adobe Portable Document Fonnot(.pdi). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the @e. Bidders will not disable or restrict the ability of the City to print the contents of on uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the wonde, drawingm, images or sketches. The City may disqualify any Offer that does not meet the criteria stated inthis paragraph. 18'7. WITHDRAWAL QFOFFER. The Bidder may withdraw their Offer and resubmit anytime until the Offer Deadline, i.e., the end of the Offer Phase. Once the Offer Phase has ended the City will be able to view the Offers and begin the evaluation of all Offers received. Once the Offer Phase has ended no changes orwithdraws can bamade bythe Bidder. Mere negligence on the part of the Bidder in preparing the Offer does not constitute a right to withdraw the Offer subsequent toOffer opening. |B'8' DISQUALIFICATION OFOFFER. A. Only One Offer Permitted: The Bidder may submit only one Offer. If the Bidder submits more than Commodities (6.5.20) B. Collusion: If the City determines that collusion exists among Bidders, the City will reject the Offers nfall participants knthe collusion. |B'9. OFFER PHASE, OPENING DATE. The Offer opening will be scheduled at the date and time specified by the Solicitation (i.e., the end of the "Offer Phase"), or as changed by Addenda or response that the City may issue. At opening, the City will open and record the Offers so long oothey are proper and have been timely submitted. In recording the Offers the City will record the name of the Bidder` location (Cih/. State) and the Price. The Tabulation Sheet will be reviewed and verified by the Purchasing Agent after being opened by the Buyor, or their designees. The Bidder is solely responsible to ensure that the Offer iosubmitted online prior tothe end ofthe Offer Phase. Late submissions will not baaccepted bythe P|aUbnn. There will benopublic opening for this Solicitation. |B'10. OFFER OPENING RESULTS. The Bidder may secure information pertaining to Offer opening results on the Purchasing Division wmbpoge . or by emoi|ing o noqumoi to . Copies of Tabulation Sheet will be furnished upon request and receipt ofo valid email address. If the results are modified in any way after staff conducts due diligence, a Revised Tabulation sheet will be signed by the Purchasing Agent or Buyer and a witness and posted on the Platform. |B~ti. THE SOLICITATION ISANOFFER. |nsubmitting the Offer, the Bidder certifies that the Bidder is making a finn Offer that will remain open for 60 days following Offer opening un|aoo properly and timely withdrawn by the Bidder prior to Offer Opening in conformance with these Instructions unless the City, in the City's sole discretion, rejects the Offer after opening. Extensions oftime beyond the 8Oday-period WiU only bebyagreement ofthe City and the Bidder. M42. PRICE INCLUSIVE {]FCOSTS. The Offer price iuinclusive cfall cfthe Bidder's direct and indirect costs of performing the work including but not limited to delivery, freight, and fuel surcharges. |B-13. FEDERAL TAXES. The Offer price will baexclusive ofall federal taxes. |fthe Bidder believes that certain other taxes are properly payable by the City, the Bidder may list such taxes separately in each case directly below the respective item price. Tax exemption certificates will befurnished upon request. 113'14. PUBLIC RECORDS. Sealed Offers oono{vod by the City pursuant to the Solicitation will be temporarily exempt from dimo|nouna in accordance with Florida's Public Records Laws. Per F.S. §119 results are not a public record for 30 days from the date of the opening or when a Notice of Intent to Award is posted, whichever iufirst. Thereafter, all Offers will be open for a personal inspection by any person pursuant boPublic Records Law. If the Bidder believes that the Offer or any portion thereof is permanently exempt from disclosure under the public records laws, the Bidder must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received atleast 3 days prior tnthe Offer opening. The Bidder will be contacted prior to the opening of the Solicitation and a determination will be made as to whether cxnot itinexempt prior toopening. |fadetermination ismade that itiynot exempt from disclosure, the Bidder may withdraw the sealed Offer. [B-15. BIDDER CAPABILITYIREFERENCES. Prior to Contract award, the City may require Bidder to show that Bidder has the necessary facilities, equipmnnt, obUKy, and finmnoiol vuaourmao to perform the work specified inosatisfactory manner and within the time specified. In addition, the City may require Bidder to demonstrate the Bidder has experience in work of the same or similar nature as the work required herein, and to provide references satisfactory to the City. 113-16. REVIEW; BASIS OFAWARD. Offers will bnreviewed inaccordance with the procedures set forth in theme Instructions and the applicable provisions of the Oh/ Purchasing Code (Chapter 30 of the City Commodities (6.5.20) Code of Ordinances). Any Contract award pursuant to the Solicitation will bemade on the�basis of the criteria for award ufSolicitations provided inthe Purchasing Code. IB -17. LOCAL PREFERENCE. The Purchasing Code, Chapter 3O.Code ofthe City ofDaytona Beach provides for a preference to Local Vendors whenever the application of such a preference is reasonable in light ofthe dollar -value ufOffers received inrelation hosuch expenditures. As used in City Code, the term, "Local Vendors" means a person or business entity which has maintained a permanent place of business with full-time employees within the City limits of the City of Daytona Beach for a minimum of six months prior to the date Solicitations were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods solicited, and which at the time of the Solicitation fully complies with state and local |mwm. including City zoning and licensing ordinances. Pursuant to City Code, if the lowest Responsive Offer by a non -Local Vendor, and an Offer by Local Vendor is within 10% of the lowest Offer, then these two Bidder's will each have the opportunity to submit a best and final Offer equal to or lower than the amount of the lowest Offer within five working days after Offer opening. The Contract will be awarded to the Bidder submitting the lowest Responsive Offer or final Offer. In case of a fie between a Local Vendor and a non -local Vendor the Contract will be awarded to the Local Vendor. If the Bidder intends to qualify as a Local Vendor, the Bidder must complete and sign the Local Vendor affidavit and submit itaopart ofthe Offer Package. ABidder who fails toproperty complete and sign this affidavit or submit it with the Offer Package, will not be further considered for local preference. If the Bidder submits a properly completed Luomi Vendor affidavit eo part ofits Offer Package, the City reserves the right to verify that the Bidder meets the definition of Local Vendor, including by requiring the Bidder 0osupply additional documentation. |nall instances, the City will bethe final arbiter ms{owhether the Bidder qualifies for local preference. With certain exoapUono, application of local preference is discretionary. For more information on how the Local Preference may apply, see the Purchasing Code. |B48. IDENTICAL TIE OFFERS. If there are two or more low Responsive Offers from Responsible Bidders that are identical in price, the tie will be broken in the following in order of preference: a)the Bidder qualifying for local preference under Code 30-86; b) the Bidder in compliance with the drug free workplace certification requirements setforth in Florida Statutes 287.087; or c) the most Responsible Bidder as defined under the City Code 30-82 (0)(o). P!emoo see the Drug Free Workplace form incorporated into the Solicitation Documents. 11349. RIGHT TO ACCEPT OR REJECT OFFERS. The City will reject Offers which contain mndiOneUono' which are incompioto, unbalanced, nnnddiona|, ubaounu, which contain additions not requested, which contain irregularities ofany kind, or which do not comply in every respect with these (ootmcbona and the Contract Documents, unless the City determines in its mo\a discretion that the non- compliance iominor. The City does not bind itself toaccept the lowest Offer stated herein, but reserves the right buaccept any Offer, which in the judgment of the City will best serve the needs and interests of the City. |B-20. PURCHASE ORDERS. All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all hanne and conditions of the Contract regardless of whether the Contract or Contract Documents are expressly referenced therein. In case of conflicts between a Purchase Order and any other provisions ufthe Contract Documents, the other provisions of the Contract Documents will prevail. IB -21. PIGGYBACK AUTHORITY. All Suppliers awarded Contracts pursuant to this Solicitation are required to permit government agonniae, cities, oounUeo, and pn|idoa| subdivisions to participate in the Commodities (6.5.20) Contract under the same prices, terms, and conditions except where allowance are made for differences in delivery costs. 113-22' PUBLIC ENTITY CRIMES. Any party submitting an Offer in response to this Solicitation must execute the enclosed Form PUR 7068, "SWORN STATEMENT UNDER SECTION 287.133(A), FLORIDA GT/Q[UTED. ON PUBLIC ENTITY CRIMES," and enclose it with their Offer. The form in included in the Solicitation Documents. 113-23' COMPLIANCE WITH LAWS. The Supplier will comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. The awarded Supplier must always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees, including the Occupational Safety and Health Administration's (OSHA) Excavation- SafetyStandanj.2QC.F.R.§192G.G5OSubPortP.ondChapherQO'98RohdaS1atuhes. 113-24 MAINTENANCE (]FLICENSES. The Supplier will maintain all required licenses infull force and effect during the Contract term, including any renewal options. 113-25. SUPPLIER RESPONSIBILITY FOR PREPARATION COSTS. Neither the City nor the City's officers or agents will be liable for the costs incurred by the Supplier in reviewing or responding to this END OFSECTION Commodities (6.5.20) TERMS & CONDITIONS TC -1. COMPENSATION AND PAYMENTS; LIMITATIONS A. Unless the Price Sheet specifically provides for reimbursement of expenses, the compensation described herein will beSupplier's sole compensation for the Commodities hoboprovided. Supplier will besolely Responsible for all costs Supplier incurs inmeeting its obligations herein. B. For Unit Price Contract,Cib/wi||paySupp|ieranmmourtnottoexceediheamountdesohbedinthepdoe Sheet ofthe Offer Package. UNIT PRICING AND QUANTITIES. If this Solicitation requests submission ofunit prices: (i)the Supplier will hold all unit prices finn for the duration of the Contract, including any extension thereof, unless price adjustments are specifically authorized by the Contract Documents; and (ii) quantities stated are an estimate only and no guarantee is given or implied as to quantities that will actually be required during the Contract period. TC -2. BILLING; MANNER OF PAYMENT. In addition to requirements for payment established by applicable hedere\, mbste, or local law including the City Code' payment terms will be paid in accordance with the local government Prompt Payment Act (218.70F.Q.). Payment will bemade 45days after Supplier has provided an accurate and undisputed invuioo, except where the City accepts a prompt payment discount from the Supplier and the Commodities are not defective. All invoices must have aunique invoice number, doha` and pricing by line item and unit price that are consistent with this Contract and such Purchase Order. Improper invoices will be returned to the Supplier. Any additional terms and conditions set forth on an invoice not in compliance with this Contract or the Purchase Order are null and void. Nothing in this Contract will be deemed to create an obligation on the City's part to pay a subcontractor of Supplier's for Commodities provided under this Contract. TC -3. RELATIONSHIP BETWEEN PARTIES. This Contract does not create an employee -employer relationship between the City and Supplier. Supplier ieonindependent Contractor ofthe City and will ba in control of the means and the methods in which the requested work is performed. As an independent Contnodor. Supplier will be solely responsible for payment ofall federal, obab» and local income tax, and self-employment taxes, arising from this Contract, and Supplier agrees to indemnify and hold harmless the City from any obligations relating hosuch taxes. The City will not make deductions from t due for such taxes orfor social oenuhh/, unemployment inaunanne, worker's compenoodun, or other employment or payrolltaxuo.Supp|ierwiUalooboRooponaib\efnrthoperfomnonceufSuppUor'oouboontractum. TC -4. DOCUMENTS. All reports, estimates, logs, original doaw|nga, and other materials furnished, prepared or executed by Supplier during the term of and in accordance with the provisions of this Contract will be the property of the City and delivered to the City upon demand or, if no demand has previously been made, upon completion of the particular task for which such moheho|a were pnupared, oxoouted, or otherwise required, nrupon termination nrexpiration ofthis Contract. TC -5. PUBLIC RECORDS. A. To the extent epp|ioab|e. Bidder will comply with the requirements of Florida Statutes Section 119.0701` which include the following: 1 Keeping and maintaining public records that the Oh/ veqm|ma for performance of the Service provided herein. 2 Upon the request of the Qh/ Clerk of the City, (i) providing the City Clerk with n copy of requested public records or (ii) allowing inspection or copying of the records, within a reasonable time after receipt of the Oih/ Clerk's request, at a cost that does not exceed the cost provided in Ch. 11Q.Florida Statutes, uronotherwise provided bylaw. Commodities (6.5.20) 3 Ensuring that public records that are exempt mconfidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of this Contract, and following such completion if Supplier falls to transfer such records to the City, 4 Upon completion ofthis Contract, keep and maintain public records required bythe City tn perform the Service. Supplier will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City upon request from the City Clerk, in a format that iocompatible with the City's information technology systems. IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119. FLORIDA STATUTES, TO THE SUPPLIER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CMN SUPPLIER MUST CO THE CITY CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS: (Phone) 386 671-8023 /EMU2iU C]Br&@CQdb.us (Address) 301S_ Ridgewood 4veOU8 Daytona Beach, FL 32114 B Nothing herein will be deemed to waive Supplier's obligation to comply with Section 119.0701(3)(a), Florida Statutes, aeamended byChapter 201G-2O.Laws ofFlorida (2O1S). TC -6. TERMINATION OFCONTRACT. A. The City may by written notice hoSupplier terminate this Contract, in whole orinpart, mkany time, either for the City's convenience ovbecause ofthe failure cf the Supplier bufulfill its contractual oNkgodnna. 1. Before terminating for convenience, City must provide Supplier at least 30days advance notice oftermination. This Contract will terminate automatically and without need for further notice upon the expiration nfthe notice period. 2. Except as provided in Section TC -6 (A)(3), before terminating due to Supplier's material breach of its Contractual obligations, City must provide Supplier prior written notice, specifying the breach and demanding Supplier remedy the breach within 10 days of the notice, or as demonstrated by the Supplier's timely submitted Show Cause Notice, within such longer period as may be reasonably required if the nature of the breach is that it cannot be remedied within 10 days of notice. This Contract will terminate automatically and without need for further notice if Supplier fails to remedy the material breach within the period described inthe City's Notice 0oCure. 3. The City may terminate this Contract upon Supplier's breach without providing Supplier an opportunity to remedy the breach as referenced in TC -6 (A)(2), if Supplier or any of Suppliers personnel, in connection with the provision of Commodities, commit a criminal act or engage in activity that poses a material risk ofinjury ho persons or damage to property. Such bonnineUon will be wffeohvu immediately upon providing Supplier written notice. B. If the termination is for convenience, Supplier will be paid compensation for Goods accepted to the date of termination. If termination is due to Supplier's meh»he| breach, the City reserves all rights and remedies itmay have under law due tosuch breach. Among other things, the City may take over the work and prosecute the same to completion by other agreements or otherwise; and in such case, the Supplier will be liable to the City for all reasonable additional costs occasioned to the City thereby. Commodities (6.5.20) C. If after notice of termination for the Supplier's failure to fulfill Contractual obligations it is judicially determined by a court of law that the Supplier had not so failed, the termination will be conclusively deemed to have been effected for the City's convenience. In such event, adjustment in payment to Supplier will be made as provided in TC -6(B) for termination for convenience. D. The rights and remedies of City provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Contract. E. Subject to Odebrecht Constructions, Inc., vs Prasad and Odebrecht Construction, Inc. v. Secretary, Florida Department of Transportation and their progeny, this paragraph applies to any Contract for Items of $1 million or more. Supplier certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in §287.135, Fla. Stat., as may be amended or revised. City may terminate this Contract at the City's option if Supplier is found to have submitted a false certification as provided under subsection (5) of , or been placed on the Scrutinized Companies §287.135, Fla. Stat., as may be amended or revised or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in §287.135, Fla. Stat., as may be amended or revised. TC -7. SEVERABILITY. If one or more of the provisions contained in this Contract are be held to be invalid, illegal or unenforceable for any reason in any respect, such invalidity, illegality or unenforceability will not affect any other provisions of this Contract, and this Contract will then be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. TC -8. LIMITATION ON WAIVERS. Neither the City's review, approval, or acceptance of, or payment for, any of the Commodities provided by Supplier, will be construed to operate as a waiver of the City's rights under this Contract. Supplier will be and always remain liable to the City in accordance with applicable law for any and all damages to the City. Failure of the City to exercise any right or option arising out of a breach of this Contract will not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. Furthermore, the failure of the City at any time to insist upon strict performance of any condition, promise, agreement or understanding set forth herein will not be construed as a waiver or relinquishment of the City's right to insist upon strict performance of the same condition, promise, agreement or understanding at a future time. TC -9. DISPUTE RESOLUTION. If a dispute exists concerning this Contract, the Parties agree to use the following procedure prior to pursuing any judicial remedies. A. Negotiations. A party will request in writing that a meeting be held between representatives of each party within 14 calendar days of the request or such later date that the parties may agree to. Each party will attend and will include, at a minimum, a senior level decision maker (an owner, officer, or employee of each organization) empowered to negotiate on behalf of their organization. The purpose of this meeting is to negotiate in the matters constituting the dispute in good faith. The parties may mutually agree in writing to waive this step and proceed directly to mediation as described below. B. Non-Bindinq Mediation. Mediation is a foram in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. Within 30 days after the procedure described in Subsection (a) proves unsuccessful or the parties mutually waive the subsection (a) procedure, the parties will submit to a non-binding mediation. The mediation, at a minimum, will provide for (i) conducting an on-site investigation, if appropriate, by the mediator for fact gathering purposes, (ii) a meeting of all parties for the exchange of points of view and (iii) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties will select a mediator trained in mediation skills and certified to mediate by the Florida Bar, to assist Commodities (6.5.20) with resolution of the dispute. The parties will act in good faith in the selection of the mediator and give consideration to qualifiedindividuals nominated hnact eomediator. Nothing inthis Contract prevents the parties from relying onthe skills ofoperson who also iutrained inthe subject matter ofthe dispute uru Contract interpretation expert. Each party will attend and will include, ataminimum, asenior level decision maker (an ovvner, of5oer, or employee of each organization) empowered to negotiate on behalf oftheir organization. If the parties fail to reach u resolution of the dispute through modisdion, then the parties are nu|ouaod to pursue any judicial remedies available bxthem. TC -10. GENERAL TERMS AND CONDITIONS. A. Amendments. Except oaotherwise provided herein, nochange mmodification of this Contract will bovalid unless the change isreduced towriting and signed by both parties. B. Assignments and Subcontracting. Noassignment orsubcontracting will bepermitted without the City's written approval. C. Compliance with Laws and Regulations. |nproviding all Commodities pursuant hnthis Contract, Supplier will abide by all otatubos, ordinonuea, m|mo, and neAu|oUona pertaining to or regulating the provisions of such Commodities, including those now in effect and hereafter adopted. Any violation nfsaid statutes, ordinances, rules, or regulations will constitute a material breach of this Contract and will entitle the City to terminate this Contract immediately upon delivery of written notice of termination to the Supplier. D. Truth inNegotiations Certificate. Supplier hereby certifies that the wages and other factual unit costs supporting the compensation herein are accurate, complete, and current at the time of this Contract. E. NmThird Party Beneficiaries. There are nothird party beneficiaries ofSupplier's Commodities under this Contract. F. Contingency Fee. Supplier warrants that i(has not employed orretained anyoompanynrpnmnn. other than a bona fide employee working solely for Supplier, to solicit or secure this Contract and that it has not paid or agreed to pay any pemun, company, oorpongiun, individual or firm, other than a bona fide employee working solely for Supp|inr, any fee, oommisaion, percentage, gift, or any other consideration, contingent upon orresulting from the award ormaking cfthis Contract. G. Nondiscrimination. Supplier will not discriminate against any employee or applicant for employment because ofrace, color, sex, ornational origin. Supplier will take affirmative action hoensure that applicants are employed and the employees are treated during employment without regard to their sex, nanm, omed, color, or national origin. Further, Supplier agrees to comply with all luua|, eb*te, and federal laws and ordinances regarding discrimination in employment against any individual on the basis of race, color, religion, sex, national origin, physical or mental impairment, or age. In particular, Supplier agrees to comply with the provisions of Title 7 of the Civil Rights Act of 1964, as amended, and applicable executive orders including, but not limited to, Executive Order No. 1124G. H. Principles In Construing Contract. This Contract will be governed by and construed in accordance with the laws ofthe State ofFlorida. Captions and paragraph headings used herein are for convenience only, are not o part ofthis Contract and will not be doomed to limit uralter any provisions hereof orUoberelevant inconstruing this Contract. The use ofany gender herein will bedeemed toboor include the other genders, and the use of the singular herein will be deemed to be or include the plural (and vice veroa).wherever appropriate. |, Venue. The exclusive venue for any litigation arising out of this Contract will be Volusia County, Florida if in state court, or the U.S. District Cour. Middle District of Florida if in federal court. oommodifies (6.5.20) J. Litigation Costs. Except where opmnJicak/ provided herein, in oaao of litigation between the parties concerning this Contract, each party will bear all ofits litigation costs, including attorney's fees. K Jury Trial Waived. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TJAJURY TRIAL OFANY CLAIM ORCAUSE OFACTION BASED UPON DRARISING OUT OFTHIS CONTRACT, ORANY DEALINGS BETWEEN THE PARTIES. THE SCOPE DFTHIS WAIVER |SINTENDED TO8E ALL ENCOMPASSING OF ANY DISPUTES BETWEEN THE PARTIES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER, INCLUDING WITHOUT L|M|TAT|ON, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. L Failure hoEnforce. Failure by the City at any time to enforce the provisions of this Contract will not be construed as a waiver of any such provisions. Such failure to enforce will not affect the validity of the Contract urany part thereof or the right of the City to enforce any provision at any time in accordance with its terms. M. Non -Exclusive Contract. This is notan exclusive Contract. Award of this Contract will impose no obligation on the part of the City to use the successful Supplier for all v*udk of this type that may be required during the Contract period. The City specifically reserves the right toconcurrently Contract with other companies foreimi|arworkiftheCitydeemoauchacdonhobeindhoCit/mbeedintenmats. |nthe case of multiple Term Contracts, this provision will apply separately to each Contract. N. Force Majeure. A Force Majeure event is on ant of God or of the public enemy, riots, civil commotion, war, acts ofgovernment nr governmentimmobi|ih/(whetherfede local) fire, flood, epidemic, quarantine restriction, strike, freight embargo, or unusually severe weather; provided, however, that no event oroccurrence will he deemed to be o fomemajeuro event unless the failure hm pedbnn is beyond the control and without any fault or negligence of the party charged with performing or that party's officers, employees, oragents. Whenever this Contract imposes odeadline for performing upon nparty, the deadline will be extended by one day for each day that a Force Majeure event prevents the party from performing; pmv\ded, howmver, that the party charged with performing and claiming delay due to Force Majeure event will promptly notify the other party of the Event and will use its best efforts to minimize any resulting delay. 0. Compliance with FEY0A2 CFR 200.31* -326 and Appendix 11 Contract Provisions. This Contract and the Commodities provided may be utilized in the event of declared State/Federal Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix || Contract Provisions nn amended. These documents can bofound unthe Internet at: P. Sovereign Immunity. The City expressly retains all rights, benefits, endimmunitionofaovemign immunity under Florida law, including Section 768.28. Florida 8bduham. Nothing in this Contract, or any Purchase Order, or notice provided under this Contract will be deemed to be a waiver of sovereign immunity or of the limitations on liability of the City beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida legislature, and the cap on the amount and liability of the City for damages regardless of the number or nature of claims in hort, equity. or Contract will not exceed the dollar amount set bythe legislature for tort. Nothing inthis Contract, orany Purchase Order, or notice provided pursuant to this Contract will inure to the benefit of any third party for the purpose of allowing a claim against the City, which would otherwise be barred under the doctrine of sovereign immunity or by operation oflaw. Q. 8moho and Records. The Supplier will maintain booko, veuondn, and documents pertinent to performance under this Contract and any Purchase Order issued hereunder in accordance with generally accepted accounting principles. The City will have inspection and audit rights to such records during the term of this Contract and for three years following the termination of obligations hereunder. Records which Commodities (6.5.20) relate to any litigation, appeals or settlements of claims arising from such performance will be made available until ofinal disposition has been made ofsuch litigation, appeals orclaims. R. UCO. In addition to any rights or remedies contained in this Conbn±, each party will have the rights, duties, and remedies available through the Uniform Commercial Code. S. Title/Risk ofLoss. Title and risk ofloss will not bedeemed hopass tothe City unless and until the Commodities ordered have been delivered; and, where inspection is required prior to City acceptance, until the City has inspected and accepted such Commodities. T. Governmental Restrictions. inthe event any governmental restrictions are imposed which would nouaaaitmto alteration of the matndal, qua|ib/, workmanship or performance of the items awarded to the Supplier prior Vo dm|iwary, it will be the responsibility of the Supplier to notify the City in writing at once, indicating the apooifio regulation which required on alteration. The City n*eenxae the right to accept any such oiharaUon, including any phnn adjustments occasioned thereby, or to cancel the Contract at no expense tnthe City. U. Patent Infringement, Etc. By submission of this Offer, the Bidder certifies that the merchandise to be furnished will not infringe any valid patent, copyright, or trademark and the successful Bidder will, at his own expnnoe, defend any and all sections orsuites charging such infringement and hold The City harmless incase cf any such infringements. V. Bonds. There isnobonding required for this Solicitation lC-11.WARRANTY. Warranty. Except as provided inthe Special Provisions, Supplier warrants that the Commodities supplied pursuant to this Contract are new, of good quality, and conform to any specifications and requirements of this Contract; that such Commodities are merchantable; and that they are fit for the ordinary purposes they are intended toserve. TC~12.K0S0. Supplier will supply Material Safety Data (MSD) with each initial delivery of any materials defined by the State of Florida or the Federal Government as being toxic, harmful, or hazardous. TC -13. DELIVERY. Delivery of all materials o/ products under this Solicitation will be quoted FOB Destination orother point ofuse within the City aaspecified. Nodelivery charges will boadded ioinvoices except when express delivery is substituted on order for a less expensive method specified in Contract; in such cases, difference between freight or mail and express charges may be added to the invoice. A. Packaging and Shipping. All invoices, packing lists, and packages must bear the name ofthe Contract and the applicable City Purchase Order number as printed on the face of the Purchase Order. B. Amendments and Modifications. The City may unilaterally change, at no additional cost, the quantity and receiving point within the City for items not yet shipped. The City will not berequired hopay for defective itemo, back -orders, late deliveries, deliveries of quantities of items exceeding the quantities specified, or items shipped at a higher price than stated in this Contract or the Purchase Order. Except as otherwise provided herein, no change or modification of the Contract will be valid unless the uemo is in writing and signed byboth parties. C. 0m1|ve?y Failures. Failure of the Supplier to deliver within the time specified in the Con<mct, or within a reasonable time as interpreted by the Purchasing Agent, or failure to make replacements of rejected articles as directed by the Purchasing Ageni, will permit the Purchasing Agent to purchase on the open market articles of comparable grade to bake the place of those rejected or not delivered. On all such purchases the Supplier will reimburse the City within a reasonable time specified by the Purchasing Agent, for any expenses incurred inexcess ofthe defaulted prices. TC -14. DISCONTINUED. Supplier will provide the City 30 days'advance written notice of any discontinued items, toallow the City hnpurchase additional quantities ofsuch items. The City must give written approval oomm��(6.5.20) of any replacements provided for discontinued items if they exceed the unit price for the discontinued item or fail to strictly meet quality, fit, form, or function of the discontinued item. TC -15. CLAUSE. |nthe event sufficient funds are not budgeted for anew fiscal period, the City will notify the Supplier of such occurrence, and this Contract will terminate on the last day of the current fiscal year without penalty or expense to the City. TC -16. ELIGIBLE USERS. All departments nfthe City are eligible (ouse this Term Contract. Such purchases are exempt from the competitive requirements otherwise applying to their purchases. END OF SECTION ITB-Commodities (rev 6.16.20) EXHIBIT A: Solicitation Documents ITB -Commodities (rev 6.16.20) Exhibit B: Offer Sodkorn Hypoc A: Description Sodium Hypo... B: Quantity C: Unit of M... D: Price A E: Tota I 15,000 gallons am 15,000 $0.00 CLOSE SAVE Published questions and answers Solicitation . ..... . .. ... T1027 20561-WATER/WASTEWATER CHEMICALS Lot Lot 3 Lot 3: Sodium Hypochlorite # Reference 4 Published date 2.1 - --------- - 22 Jul 2020 (Wed), 10:29 AM Question --------- -1-- . ..... 11 ------ -- Can you provide the previous bid tab (who, currently, supplies this product and at what price) for this product? -------- - - Answer Prices for all chemicals has been answered under the common lot. Liquid Hypochlorite = Odyssey Mfg. = .681 gal # Reference 3 Question Do you pay with a credit card ? I Answer i With the current data that is available the annual usage is approArnately 22,000 gallons. Published date 14 Jul 2020 (Tue), 1:27 PM # Reference 2 Published date 14 Jul 2020 (Tue), 1:27 PM - - -------- ---- - -------- ---- - ------ - - Question What is the Quantity per delivery ? ------- - --- appro)dmately 750 gallons total between two sites approximately 8 miles apart # Reference Published date 14 Jul 2020 (Tue), 1:27 PM - ---- ------- Question What is your Actual Annual Usage ? f Answer This is currently being paid buy a purchase order. Published questions and answers -11047 e,*urtcd on 22 Jul 2020 (V\k,,d); 12:58 FIM w 4t 0 > Lo m CL E, in 0 n th m / � � to It 0 m th m 0 OFFICIAL LISTING NSF certifies that the products appearing on this Listing conform to the requirements of NSF/ANSI/CAN 60 - Drinking water Treatment Chemicals - Health Effects This is the Official Listing recorded on May 15, 2020. Odyssey manufacturing Company 1484 Massaro Boulevard Tampa, FL 33619 813-635-0339 Facility: Tampa, FL (TI) Chemical/ Trade Designation Sodium Hypochlorite [CLI Sodium Hypochlorite 12.5 Trade Percent Sodium Hypochlorite 12.5 Weight Percent Ultrachlor Function Max Use Disinfection & oxidation 94 mg/L Disinfection & oxidation 84 mg/L Disinfection & oxidation 94 mg/L [CLI The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Facility: Tampa, FL (T2) Chemical/ Trade Designation Sodium Bisulfite [I] 38% - 40% Sodium Bisulfite Solution Sodium Chloride [2) Sodium Chloride Sodium Hydroxide 25% Sodium Hydroxide 50% Sodium Hydroxide Sodium Hypochlorite [CLI Ultrachlor 12.5 Trade Percent Sodium Hypochlorite Function Max Use Dechlorination so mg/L Electrolytic Chlorination NA Softener Corrosion & Scale Control 200 mg/L PH Adjustment Corrosion & Scale Control 100 mg/L PH Adjustment Disinfection & oxidation 70 mg/L [1) This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L). t2l For electrolytic sodium hypochlorite generator use of this product, the maximum disinfectant feed concentration shall not exceed 10 mg C12/L. This requirement limits bromate production in the effluent sodium hypochlorite and is based on the bromide concentration in the salt. (CLI The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF. I of 2 25070 789 N. Dixboro Road, Ann Arbor, Michigan 48105-9723 USA 1 -800 -NSF -MARK / 734-769-8010 www.nsforg dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Facility: Lantana, FL Chemical/ Trade Designation Function Max Use Sodium Hydroxide 25?V Sodium Hydroxide Corrosion & Scale Control 200 mg/L 50% Sodium Hydroxide Sodium Hypochlorite [CL] Ultrachlor 12.5 Trade Percent Sodium Hypochlorite pH Adjustment Corrosion & Scale Control pH Adjustment Disinfection & Oxidation 100 mg/L 70 mg/L (CL) The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF. 2 of 2 789 N. Dixboro Road, Ann Arbor, Michigan 48105.9723 USA 25070 1 -800 -NSF -MARK / 734-769-8010 WWWAISCOrg