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R11-023RESOLUTION NO. R1 1-0613 10 11 12 13 14 15 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACK OF A CITY OF CAPE CORAL CONTRACT #ITB- PW09 -41 /CH WITH SHRIEVE CHEMICAL COMPANY FOR THE PROVISION OF SULFURIC ACID FOR AN ESTIMATED ANNUAL EXPENDITURE OF $230,000.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Cape Coral has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back a N City of Cape Coral Contract #ITB- PW09 -41 /CH and authorizes the Mayor and City Clerk to sign a Contract with Shrieve Chemical Company for the provision of sulfuric acid in an estimated annual expenditure of $230,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. 211 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the piggy -back of a City of Cape Coral Contract #ITB- PW09 -41 /CH with Shrieve Chemical Company for the provision of Sulfuric Acid in an estimated annual expenditure of $230,000 and authorizes the Mayor and City Clerk to sign an Contract, a S \CA \RESO\Agreements \Reso - Piggy -Back (Cape Coral) - Shrieve - Sulfuric Acid.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 copy of the Contract is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this I Sr day of February, 2011. ATTEST: / .1 / 0 et M. Prainito, MMC ity Clerk is Ati, h 'orpyoritp-Seal) CITY Oy BOYNTON BEACH, FLORIDA Mayor — Jose Vic y% Ross Commiss' er — William Orlov� Comm er — o Commissioner — Steven`Holzman S \CA\RESO\Agreements \Reno - Piggy -Back (Cape Coral) - Shrieve - Sulfuric Acid.doc R I ca3 CONTRACT FOR SULFURIC ACID This Agreement is made as of this ZQ day of r, - , 2011 by and between SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with of - ices at 236 McLean Point Court, Winter Haven, FL 33 ("SHRIEVE"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 3 (the "City"). RECI'T'ALS WHEREAS, the build-Lip of scale on the membrane Lmits will decrease the West Water Treatment Plant production; and WHEREAS, sulfuric acid is used to lower the pH of the feed water to prevent this from occurring during the treatment; and WHEREAS, SHRIEVE, submitted a proposal dated January 6, 2011 to the City to provide sulfuric acid f*or an estimated annual expenditure of $230,000.00 at prices based on City off Cape Coral contract 4l`1Bj-PW09-41/CH; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT . Section 1, The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SHRIEVE agree that SHRIEVE shall provide sulfuric acid for an estimated annual expenditure of $230,000,00 at prices based on City of Cape Coral contract #ITB-PW09-41/C1 ­1, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of Cape Coral shall be deemed as references to the City of Boynton Beach. B. All Notices to the Citv shall be sent to: City. Kurt Bressner, City Manager City of Boynton Beach 100 Fast Boynton Beach Boulevard Boynton Beach, Florida. 3343 5 Teleplioiie f k 56 1 )742-6090 Page I (Cape C and - Shrieve).doc T - - I , m j Copt I A. Cherof. City Atto Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The proposal from SHRIFVE dated January 6, 201 is attached hereto Exhibit M Section 3, In the event that the City of Cape Coral Contract is amended, or terminated, S.1- shall notify the City within ten (10) days, In the event the City of Cape Coral Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the pat hereto. Section 4. SFIRIEVE agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which th I U e -ALY determines to be more C ontract, favorable than the terms in this ontract, the parties shall enter into an Addendum to provide those tern-is, to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Cape Coral Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: /A-a Cit Clerk OC Cler �_ APPROV A f'ORTYI: P J ames A. Che or' (ILIty Page') S,1CA\A(.jN-l'I'Sll'iLz,ybi Wupe Omil - Shrieve).doc WITNESSES: - ------------ ATTEST: SECRETARY Page 3 S:ICA%AGM'I'S%Pi. (C;,ipe Coral - Shrieve),doc EXHIBIT A AGREEMENT BETWEEN CITY OF CAPE CORAL AND SHRIEVE CHEMICAL COMPANY Page 4 S \CA \AGMTS \Piggyback (Cape Coral - Shrieve).doc Cape [LORIOA July 27, 2009 NOTICE OF INTENT TO AWARD BID #ITB- PW09 -41 /CH SULFURIC ACID FOR UTILITIES After reviewing responses received for the above - mentioned Invitation to Bid, staff recommends City Council take the following action: Award bid to Shrieve Chemical Company of The Woodlands, TX as the lowest responsive responsible bidder meeting specifications. Failure to file a protest of this bid in accordance with Section 2 -150 of the City of Cape Coral Code of Ordinances shall constitute a waiver of the right to protest. Sincerely, Mark G. Thiele, MPA, C.P.M. Procurement Manager c: Bonnie J. Potter, City Clerk Bid File Financial Services - Procurement Division - City of Cape Coral - P.O. Box 150027 Cape Coral, FL 33915 -0027 - (239) 574 -0831 - Fax (239) 574 -0837 - http: / /www.capecoral.net Co- County Seat — Lee County, Florida CITY OF CAPE CORAL INVITATION TO BID SULFURIC ACID FOR UTILITIES I TB- PW09 -411CH d ' r wipV m4Gi,. %, vc F L 0 R I D A CITY OF CAPE CORAL FINANCIAL SERVICES DEPARTMENT PO BOX 150027 CAPE CORAL, FL 33915 -0027 1 of 24 Sulfuric Acid for Utilities TABLE OF CONTENTS PAGE NUMBER TABLE OF CONTENTS 2 LEGAL NOTICE 3 PROTEST PROCEDURES 4 SWORN STATEMENT - PUBLIC ENTITY CRIMES 5 -6 FORM 3A INTEREST IN COMPETITIVE BID FOR PUBLIC INTEREST 7 DRUG FREE WORKPLACE CERTIFICATION 8 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS 9 BID SECURITY REQUIREMENTS FORM 10 BID PREPARATION CHECKLIST 11 GENERAL CONDITIONS 12 -14 SPECIAL CONDITIONS 15 -17 SPECIFICATIONS 18 -20 OFFICIAL BID PROPOSAL FORM 21 -23 CONTACTS PAGE 24 f T13-P W09 -41 /CH Page 2 of 24 Sulfuric Acid for Utilities CITY OF CAPE CORAL LEGAL NOTICE CALL FOR BIDS ITS- PW09 -411CH The City of Cape Coral, Florida will receive Bids for Sulfuric Acid for Utilities, ITB- PW09 -41 /CH in accordance with the specifications on file. Detailed specifications and instructions for submittal may be obtained: in person from the City of Cape Coral, Procurement Division, 1015 Cultural Park Blvd., Second Floor, Cape Coral, FL 33990; online at www.demandstar.com or by mail request 239 -574 -0831 (recipient's account required for overnight mail). Bids will be publicly opened at Cape Coral City Hall, 1015 Cultural Park Blvd., Cape Coral, Florida 33990. BID OPENING TIME: July 152009, 2:00PM, Conference Room 252 BIDS MUST BE DATE STAMPED AT THE OFFICE OF THE PROCUREMENT DIVISION NO LATER THAN THIRTY (30) MINUTES PRIOR TO THE SCHEDULED BID OPENING. BIDS PRESENTED AFTER THAT TIME WILL BE REFUSED. The time indicated on the date stamp machine located in the Procurement Division is considered the official time. All bids are to be submitted and addressed ONLY to PROCUREMENT DIVISION, ATTN: PROCUREMENT MANAGER. BIDS WILL NOT BE ACCEPTED AT ANY OTHER LOCATION. MAILING ADDRESS: City of Cape Coral Procurement Division PO Box 150027 Cape Coral FL 33915 -002 PHYSICAL ADDRESS: Procurement Division Cape Coral City Hall 1015 Cultural Park Blvd. Cape Coral FL 33990 ENVELOPES MUST BE MARKED WITH THE TITLE OF THE BID WITH THE NAME AND ADDRESS OF BIDDER. The City reserves the right to reject any or all bids in whole or in part and to waive any irregularities or informalities when in the best interest of the citizens of the City of Cape Coral. By Order of the City Manager Bonnie J. Potter, City Clerk City of Cape Coral Procurement Division, PO Box 150027, Cape Coral FL 33915 -0027 (239) 574 -0831 Advertise: June 25, 2009 Page 3 of 24 Sulfuric Acid for Utilities ITB- PW09 -41 1CH PROTEST PROCEDURES 1. Right to Protest. Any person or firm who is affected adversely by the City's decision or intended decision may protest to the City Council. 2. Time Limits and Form of Protest. A protest with respect to an Invitation for Bid or Request for Proposal shall be submitted in writing to the Procurement Division Manager prior to the opening of bids or the closing date of proposals. A protest of a bid shall be filed with the City Procurement Division Manager within five (5) business days (excluding Saturdays, Sundays, and Legal Holidays) after the date of mailing of the notice of intent to award the contract. A protest of a request for proposals shall be filed with the Purchasing Manager within seventy -two (72) hours of the date of mailing of notice of ranking from the Selection Advisory Committee. Only those persons or firms who have been interviewed and ranked shall be permitted to file a protest. A formal written protest shall be filed within ten (10) days after the filing of the initial written notice of protest. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or failure to file a formal written protest within the time limits prescribed herein shall constitute a waiver of the right to protest. Upon the filing of a formal written protest the contractor or vendor shall post a bond, payable to the City of Cape Coral, in an amount equal to five percent of the total bid or estimated contract amount, or five thousand dollars ($5,000.00), whichever is less. Said bond shall be conditioned upon the payment of all costs which may be adjudged against the protesting contractor or vendor in the event the protest is resolved adversely to the protester. An Irrevocable Letter of Credit or other form of approved security, payable to the City, will be accepted. Failure to submit a bond simultaneously with the formal written protest shall invalidate the protest and the City may proceed to award the contract as if the protest had never been filed. 3. Hearing. If the subject of a protest is not resolved by mutual agreement within seven (7) days after receipt of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer who shall conduct a hearing within 15 days of receipt of the formal written protest. The hearing officer shall render a recommended order within 30 days after the hearing. The recommended order shall be scheduled on the next Council agenda for final action. If Council so elects, the protest may be heard directly by the City Council. 4. Stay of Action. Upon receipt of a formal written protest which has been timely filed, the City shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved either informally or by formal City Council action, unless the City manager sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. 5. Decision; Entitlement to Costs. If a protest is sustained and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to recover from the City the reasonable costs incurred in connection with preparing its bid, but shall not be entitled to recover lost profits or attorneys fees. If a protest is denied, the bidder or offeror shall have ten (10) days to file for a writ of certiorari in Circuit Court in Lee County, Florida. Page 4 of 24 Sulfuric Acid for Utilities ITB- PW09 -411CH SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to by for (Print name of the public entity) (Print individual's name and title) (Print name of entity submitting sworn statement) whose business address is (If applicable) its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on an attached sheet (required as per IRS Form W -9). (Social Security Number required for one or more of the following purposes: identification and verification; credit worthiness; billing and payment; data collection, reconciliation, tracking, benefit processing and tax reporting. Social Security Numbers are also used as a unique numeric identifier and may be used for such purposes. 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 with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 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 "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime, or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those offices, directors, 'executives, partners, shareholders, employees, members and agents who are active in the management of the 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 fair market value under an arm's length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a join venture with a person who has been convicted of a public entity crime in Florida during the proceeding 36 months shall be considered an affiliate. Page 5 of 24 Sulfuric Acid for Utilities ITS- PW09 -41 1CH SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(c), 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 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 the entity. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting those sworn statements. (Please indicate which statement applies.) Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have 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 the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have 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, member, or agents who are active in 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 subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing 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 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH 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 OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this day of , 2009. My Commission Expires: (NOTARY PUBLIC) Page 6 of 24 Sulfuric Acid for Utilities t TB- PW09 -41 /CH FORM 3A - INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS LAST NAME - FIRST NAME - MIDDLE INITIAL OFFICE POSITION HELD MAILING ADDRESS AGENCY CITY ZIP COUNTY ADDRESS OF AGENCY WHO MUST FILE THIS STATEMENT Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part III, Chapter 112, Florida Statutes and /or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes, provides certain limited exemptions to the above- referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. This form has been promulgated by the Commission on Ethics for such disclosure, if and when applicable to a public officer or employee. INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS (Required by 112.313(12)(b), Fla. Stat. 1. The competitive bid to which this statement applies has been /will be (strike one) submitted to the following govemment agency: 2. The person submitting the bid is: NAME ♦ POSITION 3. The business entity with which the person submitting the bid is associated is: 4. My relationship to the person or business entity submitting the bid is as follows: 5. The nature of the business intended to the transacted in the event that this bid is awarded is as follows: a. The really, goods and /or services to be supplied specifically include: b. The realty, goods and /or services will be supplied for the following period of time: c. Will the contract be subject to renewal without further competitive bidding? ^ Yes _ No. If so, how often? 6. Additional comments: 7. SIGNATURE DATE SIGNED DATE FILED FILING INSTRUCTIONS If you are a state officer or employee required to disclose the information above, please file this form with the Commission on Ethics, P.O, Drawer 15709, Tallahassee, Florida 32317 -5709; physical address: 3600 Maclay Blvd. South, Suite 201, Tallahassee, FL 32312. If you are an officer or employee of a political subdivision of this state and are subject to this disclosure, please file the statement with the Supervisor of Elections of the county in which the agency in which you are serving has Its principal office. NOTICE: UNDER THE PROVISIONS OF FLORIDA STATUTES #112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. Page 7 of 24 Sulfuric Acid for Utilities !TB- PW09 -41 1CH CITY OF CAPE CORAL DRUG FREE WORKPLACE CERTIFICATION In order for the City of Cape Coral to continue as a drug -free workplace, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid /proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid /proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Company Name (please print) Authorized Signature Date Page 8 of 24 Sulfuric Acid for Utilities ITB- PW09 -41 1CH ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS Insurance: The following insurance will be required by the CITY OF CAPE CORAL. Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $ 3,000,000 each accident. Comprehensive General Liability: Shall have minimum limits of $ 3,000.000 per occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Products and/or Completed Operations, Broad Form Property Damage, XCU Coverage, and a Contractual Liability Endorsement. Business Auto Policy: Shall have minimum limits of $ 3.000,000 per occurrence. Combined Single Limit for Bodily Injury and Property Damage Liability. This shall include owned vehicles, hired and non -owned vehicles, and employees' non - ownership. Pollution Liability: Covering a transporter moving hazardous products or waste as cargo aboard the transporter's truck. Shall have a minimum limits of $ 3,000.000 per occurrence. Combined Single Limit for Bodily Injury, Property Damage Liability and Cleanup, including wrongful delivery. This shall include owned vehicles, hired and non -owned vehicles. Certificate of Insurance: The City of Cape Coral is to be specifically included as an additional insured. This does not pertain to Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The policy shall provide a 30 -day notification clause in the event of cancellation or modification to the policy. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the same insurance requirements spelled out above. All certificates of insurance must be on file with and approved by the City of Cape Coral before the commencement of any work activities. Statement of Offeror: We understand the requirements requested and agree to fully comply. OFFEROR'S NAME AND TITLE AUTHORIZED SIGNATURE DATE Page 9 of 24 Sulfuric Acid for Utilities ITS- PW09 -411CH BID SECURITY REQUIREMENTS FORM Each person or entity submitting a sealed bid is required to post bid security in the amount of $500.00 The security shall be payable to the City of Cape Coral and may be in the form of a bid bond, cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or security of a type listed in Part II of Chapter 625, Florida Statutes. The bid security of each bidder will be held by the city during the bid evaluation period. After the bid is formally awarded by City Council, the unsuccessful bidders who posted security other than a bid bond will have their security returned to them no later than ten (10) days after the bid award. The bid security of the successful bidder will be held by the City until such time as the bidder executes the written contract with the City. If the bidder fails or refuses to execute the contract in accordance with the bid documents or fails or refuses to provide any other instruments required by the bid specifications (i.e. performance bond, insurance, etc.), the bid security shall be forfeited to the City. Bids shall be unconditionally accepted and may not be altered or corrected by the bidder. Erroneous bids may be withdrawn only with permission of City Council and subject to the restrictions contained in Section 2- 144(a) (9) of the City Code. If a bidder requests to withdraw his or her bid without meeting the requirements of Section 2- 144(a) (9) of the City Code and /or without City Council approval, the City may retain the bid security or take action against any bid bond which is posted as security. The Bidder agrees to the bid security requirements as listed above. BID # DATE Attached hereto is a bid security in the form of a for the sum of (Security Type: Bond, Cashier's Check, Etc.) Dollars ($ Z FIRM NAME: ADDRESS: Signature Name (Printed) Official Title Authorized under the laws of the State of and authorized by the law to submit this bid and perform all services and/or furnish materials and equipment required under the contract documents. Page 10 of 24 Sulfuric Acid for Utilities Bid Preparation Checklist ITB- PW09 -41 1CH The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their response. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: Read the entire Invitation to Bid document. Signed Official Bid Proposal Form This bid contains three 3 pages for the Official Bid Proposal. All of these pages MUST be returned and the form signed where indicated. Failure to return ALL pages of the bid proposal may result in rejection of your bid. Failure to sign your bid proposal may result in rejection of your bid. Completed and signed Sworn Statement on Public Entity Crimes Form 3A Interest in Competitive Bid for a City of Cape Coral elected official, employee, spouse, or child who has an interest in the business. If this form does not apply, mark Form 3A as N /A. Drug Free Workplace Certification Acknowledgement of Insurance Requirements Signed & Completed Bid Security Form Bid Security Copy of Bidder's Licenses applicable for work Material Safety Data Sheets (if applicable) Fuel Surcharge Documentation or Schedules Contacts Page Original bid, three (3) copies of bid and one (1) readable /reproducible disk (CD) completely duplicating the original The outer packaging shall clearly state Invitation to Bid Title, Invitation to Bid Number, Solicitation Opening Date and Timel The documents mentioned on this page must be provided. Failure to provide or properly execute these items /documents may result in your bid being considered non - responsive and, if so, will be rejected and not considered for award by City Council. Page 11 of 24 Sulfuric Acid for Utilities 1.0 GENERAL CONDITIONS ITB- PW09 -41ICH 1,1 INVITATION TO BID 1,1.1 NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is advertising for sealed bids. The Invitation to Bid, Official Bid Form, Bidder Information, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Addenda and /or any other pertinent document form a part of this bid and by reference are made a part thereof. 1.1.2 In the event of any conflict between this Invitation to Bid and City of Cape Coral Ordinance, the provisions of the Ordinance shall prevail. 1.1.3. Bids not submitted on the attached Official Bid Proposal Form shall be rejected. All bids are subject to the conditions specified herein. Those, which do not comply with these conditions, are subject to rejection 1.1.4 Interpretations of the Bid or additional information as to its requirements, where necessary, shall be communicated to all prospective bidders by written addendum. Only written addenda shall be considered official responses. It shall be the responsibility of each Firm, prior to submitting the proposal, to contact the Procurement Division to determine if addenda were issued and to make such addenda a part of the proposal. Failure to acknowledge receipt of addendum may result in proposal rejection. NO ADDENDA WILL BE ISSUED WITHIN FIVE (5) BUSINESS DAYS PRIOR TO THE SUBMISSION DEADLINE, UNLESS AN ADDENDUM HAS BEEN ISSUED EXTENDING THE DEADLINE. 1.2 QUALIFICATIONS OF BIDDERS 1.2.1 Bids will be considered only from firms normally engaged in the sale and distribution of the items specified herein. Vendors must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City of Cape Coral. 122 The City reserves the right before recommending any award to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms, and conditions. 1.2.3 The City of Cape Coral will determine whether the evidence of ability to perform is satisfactory and will make awards only when such evidence is deemed satisfactory and reserves the right to reject bids where evidence submitted, or investigation and evaluation, indicates inability of the bidder to perform. 1.3 MODIFICATION AND /OR WITHDRAWAL OF BIDS PRIOR TO BID OPENING Mistakes discovered before the Bids are opened may be modified or withdrawn by sealed written notice of the modification or withdrawal received in the office designated in the Invitation for Bids prior to the time set for the Bid opening. 1.4 TAX EXEMPTION The City of Cape Coral, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. The awarded vendor will be provided a copy of the City of Cape Coral's Certificate of Exemption (85- 8012589883C -5) upon request. 1.5 DEVIATIONS FROM SPECIFICATIONS Bidder shall clearly indicate on the Official Bid Proposal as applicable all areas in which the items the bidder proposes does not fully comply with the requirements of this specification. The decision as to whether an item fully complies with the stated requirements rests solely with the City of Cape Coral. Page 12 of 24 Sulfuric Acid for Utilities ITB- PW09 -41 1CH 1.6 SUBMISSION OF BIDS 1.6.1 The Official Bid Proposal Form MUST be signed and returned with Bid. 1.6.2 The Official Bid Form must contain a manual signature of an authorized representative. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to his /her bid price must be initialed 1.6.3 Bids shall be submitted to the Procurement Division and date stamped no later than thirty (30) minutes prior to the scheduled bid opening as indicated on the attached legal notice or as changed -by addendum. Failure to be on time will result in refusal of bid. The time indicated on the date stamp machine in the Procurement Division is considered the official time. 1.6.4 Complete the enclosed Bid Preparation Checklist. 1.7 OPENING OF BIDS Bids will be opened at the time and date indicated on the legal notice. Bids are to be submitted in accordance with the instructions provided herein. 1.8 WITHDRAWAL OF BIDS AFTER BID OPENING After bids are opened, corrections or modifications to bids are not permitted, but a bidder may be permitted to withdraw an erroneous bid, prior to the bid award by City Council, if the following is established: 1.81 That the bidder acted in good faith in submitting the bid; 1.8.2 That in preparing the bid there was an error of such magnitude that enforcement of the bid would work severe hardship upon the bidder; 1.8.3 That the error was not the result of gross negligence or willful inattention on the part of the bidder; 1.8.4 That the error was discovered and communicated to the City within twenty four (24) hours of bid opening, along with a request for permission to withdraw the bid; and 1.8.5 The bidder submits documentation and an explanation of how the bidding error was made. 1.9 BID PROTEST PROCEDURE Refer to insert page for specific information. 1.10 BIDS TO REMAIN EFFECTIVE Bids shall be effective for ninety (90) days from Bid Opening Date, and thereafter if accepted by the City for the term designated in this bid. 1.11 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.12 VENDOR REGISTRATION In accordance with Article VII Division 1 Section 2 -145 of the City of Cape Coral Ordinance, prior to award, a vendor must complete the vendor registration process. Application forms may be obtained on the City of Cape Coral website at: htta: / /www.capecoral,net/ Government/ FinancialServices/ ProcurementDivision /VendorRegistration /tabid /l 316/ Default.aspx or by contacting the Procurement Division at (239) 574 -0831. Page 13 of 24 Sulfuric Acid for Utilities 178- PW09 -411CH 1.13 LICENSES AND REGULATIONS The awarded bidder shall comply with all Federal, State, and Local laws, rules and regulations. Licenses necessary for the performance of this work shall be secured and paid for by the awarded Contractor(s) prior to execution of the contract or purchase order. If the bidder has a permanent business location with the City of Cape Coral (including branch offices and storage or warehouse facilities), then a City occupation license is required. It is required that each bidder submit with their bid copies of their occupational licenses. If the bidder does not hold a current license with the City of Cape Coral, the bidder is required to register with the City Clerk's Office upon contract award. Failure to provide evidence of any required occupational license may be cause for rejection of bid. 1.14 LOBBYING 1.14.1 All firms and their agents who intend to, or have, submitted bids or responses for this project are hereby placed on formal notice that neither City Council Members, candidates for City Council, nor any employee of the City of Cape Coral are to be lobbied either individually or collectively concerning this project. 1.14.2 Contact should only be made through regularly scheduled Council meetings, or meetings scheduled though the Procurement Division, which are for the purposes of obtaining additional or clarifying information. 1.14.3 Any action, to include dinner or lunch invitations, by a submitting firm that may be interpreted as being within the purview of this requirement shall result in the immediate disqualification from further consideration in this project. 1.15 UNAUTHORIZED ALIENS The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This applies to any sub - contractors used by the Contractor as well. Page 14 of 24 Sulfuric Acid for Utilities 2.0 SPECIAL CONDITIONS iTB- PW09 -41 1CH 2.1 INSURANCE 2.1.1 Bidders must sign and complete the enclosed Acknowledgement of Insurance Requirements Form and submit with the bid. 2.1.2 Without limiting its liability under this Invitation to Bid, the awarded bidder(s) shall procure and continuously maintain, without interruption, at its own expense, insurance (limits and specifications) specified on the enclosed Acknowledgement of Insurance Requirements Form. 2.1.3 The City of Cape Coral and its members, officers and employees shall be named as additional insured on the General Liability coverage, as it pertains to acts of the awarded bidder in its performance of this Contract. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the awarded bidder. 2.1.4 Neither approval nor failure to disapprove the insurance furnished by awarded bidder to the City shall relieve the awarded bidder of the awarded bidder's full responsibility to provide insurance as required by this Contract. The awarded bidder shall be responsible for assuring that the insurance remains in force for the duration of the contractual period; including any and all option years that may be granted to the awarded bidder. The certificate of insurance shall contain the provision that the City be given no less than thirty (30) days written notice of cancellation. If the insurance is scheduled to expire during the contractual period, the awarded bidder shall be responsible for submitting new or renewed certificates of insurance to the City at a minimum of fifteen (15) calendar days in advance of such expiration. 2.1.5 Unless otherwise notified, the certificate of insurance shall be delivered to: City of Cape Coral Procurement Division PO Box 150027 Cape Coral, FL 33915 -0027 The name and address of the City of Cape Coral, as shown directly above, must be the Certificate Holder on the certificate of insurance. 2.1.6 The awarded bidder may be in default of the award for failure to maintain the insurance as required by this bid. 2.2 INDEMNIFICATION To the extent permitted by law (F.S. 768.28), the awarded bidder shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the awarded bidder and any persons employed or utilized by the awarded bidder in the performance of the resulting contract. 2.3 ESTIMATED QUANTITIES The quantities specified herein are estimates only and no guarantees are expressed nor implied. 2.4 BID PRICE Bid price shall include any transportation charges, unloading charges or any other charges incurred in delivery. Page 15 of 24 Sulfuric Acid for Utilities ITB- PW09 -41 1CH 2.5 EMERGENCIES In the event of an emergency situation or natural disaster, chemicals shall be supplied to the City, at the contract prices, within twenty -four (24) hours of request. 2.6 AUTHORITY TO PIGGYBACK It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same contract price, to other governmental entities in Florida. Each government agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for services ordered and received by it, and no agency assumes any liability by virtue of this bid. 2.7 BID SECURITY A Bid Security Requirements Form is included and must be completed and returned with the bid. See form for specific information. 2.8 METHOD OF ORDERING It is anticipated that the City will utilize blanket purchase orders. Orders will be placed on an as needed basis. 2.9 INSPECTION Upon receipt, a City representative prior to acceptance shall inspect each shipment for condition and specification compliance. If the shipment has to be rejected for any reason, the seller shall be required to pick up the shipment at point of delivery at no charge to the City. 2.10 INVOICES Invoices must include full item description, unit and extended prices, P.O. number, ordering division, delivery location, quantities delivered and backorder status. 2.11 PAYMENTS City shall pay correct invoices via check within thirty (30) days of receipt of invoice (Net 30), or via a City of Cape Coral VISA Purchasing Card (P- Card). The City of Cape Coral has implemented a P -Card Program. The awarded vendor can take advantage of this program and receive payment within days of delivery in lieu of Net 30 by accepting a City of Cape Coral VISA Purchasing Card. However, no additional costs will be covered by the City of Cape Coral for the awarded vendor's Merchant Services fees and /or interchange rate. 2.12 OTHER CONTRACTS The City of Cape Coral reserves the right to purchase off of State Contract or any other available contract if deemed to be in the best interest of the City. 2.13 SUMMARY REPORTS Awarded bidder(s) shall be responsible for furnishing summary reports to the Procurement Division upon request. These reports shall be for time period specified and contain quantity and dollars spent for each item purchased_ Page 16 of 24 Sulfuric Acid for Utilities ITB- PW09 -41 1CH 2.14 RECORD KEEPING The awarded bidder shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting methods, and the City of Cape Coral reserves the right to determine the record - keeping method in the event of non - conformity. These records shall be maintained for five (5) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. 2.15 QUESTIONS Any questions concerning this Invitation to Bid must be submitted prior to the deadline for submitting bids and shall be addressed in writing to Christopher Hoffman , P.O. Box 150027, Cape Coral, FL 33915- 0027; by e-mail to choffman(@- capecoral.net or by fax to 239.574.0837. Questions regarding the technical specifications may be forwarded to the requesting department by the Procurement Division, 2.16 EVALUATION & AWARD Evaluation of the bids will be based on cost, conformance to the specifications, and the ability of the vendor(s) to adequately meet the City's needs. The City intends to award to the lowest responsive responsible bidder. In determining the lowest responsive responsible bidder, in addition to price, the following shall be considered: 2.16.1 The ability, capacity, skill and sufficiency of resources of the bidder to perform the contract. 2.16.2 The bidder's ability to perform the contract within the time specified 2.16.3 The character, integrity, reputation, judgment, experience and efficiency of the bidder. 2.16.4 The quality of performance of the bidder on previous City contracts. 2.16.5 The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 2.16.6 The quality, availability and adaptability of the supplies or professional or contractual services to the particular use required. 2.16.7 The ability of the bidder to provide future maintenance, service or warranty work. The City Council reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids; to reject any and all bids in whole or in part with or without cause, and /or to accept bids that in its judgment will be in the best interest of the City. Following complete investigation of each bid received by the City, the City Council reserves the right to make awards on a multiple, lump sum, or individual item basis or in combination as shall best serve the interest of the City. Page 17 of 24 Sulfuric Acid for Utilities 3.0 SPECIFICATIONS !TB- PW09 -41ICH 3.1 SCOPE Successful bidder shall be responsible for supplying and delivering sulfuric acid used by the City of Cape Coral's Utilities Division on an as- needed basis. 3.2 TERM This bid shall establish an agreement for a three (3) year period. The City intends for the new agreement to take effect September 9, 2009. 3.3 QUANTITY The estimated annual requirement is _ 3,000 tons 3.4 SULFURIC ACID Sulfuric Acid shall be at least 98% H2SO4. The manufacturer, or supplier, shall submit to the City with each delivery, a certified analysis of each shipment of acid. The analysis shall include percentage of H2SO4, Iron (not to exceed 20 PPM), Arsenic, Lead, Barium, Cadmium, Chromium, Copper, Cyanide, Manganese, Mercury, Selenium, Silver, and Zinc contents. 3.5 DELIVERIES 3.5.1 Locations: Southwest R.O Plant, 2090 SW 32 " Street, Cape Coral, FL 33914 North R.O. Plant, 1200 Kismet Parkway West, Cape Coral, FL 33993 3.5.2 Delivered in tank truck quantities of approximately 3,500 gallons per delivery. 3.5.3 Deliveries shall be FOB City of Cape Coral's tanks. 3.5.4 Deliveries are to be made by truck between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday, except holidays unless prior authorization is obtained from the City representative. 3.5.5 Arrangements for actual delivery date and quantity will be made by the plant representatives as identified by the City upon award. 3.5.6 Deliveries shall be made within three (3) days after receipt of order unless arrangements, for actual delivery date, have been made by City representative. 3.6 WEIGHT TICKETS Certified, not hand written, weight tickets to show tare and gross weight are to be supplied when chemicals are delivered. 3.7 MATERIAL DATA SAFETY SHEETS 3.7.1 Each bidder must submit as part of the bid package the most recent Material Safety Data Sheets (MSDS) in accordance with the Occupational Safety and Health Administration (OSHA) Hazard Communication Rule 29 CFR 1910.1200, 3.7.2 For each shipment containing items which are classed as hazardous under such rule, and which are shipped to Cape Coral, the awarded bidder must provide, either in or on each shipping container, one copy of the MSDS for each unit of issue in that shipping container. The MSDS must be placed in a weather resistant envelope and contain the purchase order number from the City. Page 18 of 24 Sulfuric Acid for Utilities ITB- PW09 -41 1CH 3.7.3 If a MSDS is not required for any of the bid items, this should be indicated in the 'Remarks by Bidder" section of the Official Bid Proposal Sheets. 3.8 SAFETY 3.8.1 The delivery personnel of the awarded bidder shall comply with OSHA procedures during unloading at plant site. The awarded bidder shall supply all required safety equipment for the delivery personnel. 3.8.2 Drivers will check in with plant personnel before unloading into any chemical bulk storage tank. 3.8.3 Drivers will wear safety gear consisting of rubber gloves, hard hat with face shield and chemical resistant safety goggles, protective jacket, pants, and boots. 3.8.4 Drivers will visually observe unloading area for the entire time the chemical is being transferred into chemical bulk storage tank. 3.8.5 Drivers not having safety equipment will not be allowed to unload chemicals. 3.8.6 Awarded bidder shall supply safety training for a minimum of one hour per year to City personnel at City facilities. These training sessions shall be scheduled for dates and times convenient for City staff. 3.9 PRICE Unit pricing is requested on the Official Bid Proposal Form for Sulfuric Acid which shall remain firm for the life of the agreement. 3.10 PRICE ADJUSTMENTS 3.10.1 Price adjustments shall be allowed to the Sulfuric Acid unit price in the form of a Sulfur Surcharge and shall be based on the quarterly change (up or down) to the Green Markets Tampa Contract Sulfur Posted Average. For each $1.00 change, sulfuric acid unit price shall be increased or decreased by $0.30. 3.10.2 Successful bidder shall be responsible for monitoring and reporting to the City any change which affects the Sulfur Surcharge and shall provide copies of Green Markets to the City of Cape Coral's Procurement Division for verification. 3.10.3 Adjustments shall become effective thirty (30) calendar days after the posted change. Price adjustments must be approved in writing by both parties. 3.11 FUEL SURCHARGE Fuel surcharges may be considered, if bidder submits, with its bid, documentation or schedules used in determining fuel surcharge and if the surcharge is considered by the City to be fair and reasonable. If accepted by the City, fuel surcharge shall be billed as a separate line item. 3.12 DESIGNATED CONTACT 3.12.1 The awarded vendor(s) shall appoint a person or persons to act as a primary contact with the City of Cape Coral. This person or back -up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract. Bidder must complete the enclosed Contacts Page and submit with bid. 3.12.2 Each using facility shall also appoint representatives to become primary contacts for the coordination and execution of the resulting contract. Page 19 of 24 Sulfuric Acid for Utilities !TB- PW09 -41 1CH 3.13 INSURANCE Enclosed Acknowledgement of Insurance Requirements Form must be completed, signed and submitted with the bid. 3.14 RESERVES THE RIGHT In the event the successful bidder is unable to supply items specified herein, the City reserves the right to purchase from another source. 3.15 CANCELLATION 3.15.1 The resulting Bid Award may be cancelled at any time during the period by the City of Cape Coral for any reason. 3.15.2 A 30 -day written cancellation notice will be issued by the City. 3.15.3 The awarded bidder may cancel the Bid Award on its anniversary with a ninety (90) day written cancellation notice submitted to the City's Procurement Manager. THIS SPACE INTENTIONALLY LEFT BLANK Page 20 of 24 Sulfuric Acid for Utilities OFFICIAL BID PROPOSAL PAGE 1 OF 3 DATE: ITS- PW09 -411CH The undersigned certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements. In submitting a bid to the City of Cape Coral, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Cape Coral all rights, title and interest in and all causes of action it may now or hereafter acquire under the Anti -trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Cape Coral. At the City's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. The undersigned declares that the statements and representations made in this proposal are true in every respect and that the said proposal is in all respects fair and made without collusion or fraud, and that no member of the City Council or any other agent or employee of the City, directly or indirectly, is interested in this bid proposal or in any profits expected to accrue therefrom. The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price of the bid. Addendum # Addendum # Addendum # Prices quoted shall be effective for ninety (90) days from bid opening date, and if accepted by the City, for the period specified herein. Description SULFURIC ACID, as specified Manufacturer: Minimum order: Est. Annual Unit Cost Usage $ / TON x 3,000 tons Total Bid Will receive payment on a City of Cape Coral VISA Purchasing Card (refer to Special Condition 2.11) _Y / N Company, Federal Employer Identification Number or Social Security Number (Social Security Number required for one or more of the following purposes: identification and verification; credit worthiness; billing and payment; data collection, reconciliation, tracking, benefit processing and tax reporting. Social Security Numbers are also used as a unique numeric identifier and may be used for such purposes.) Address Name (printed)_ Signature Telephone # _ E -mail address: Title ax # Page 21 of 24 Sulfuric Acid for Utilities OFFICIAL BID PROPOSAL PAGE 2OF3 ITS- PW09 -411CH REMARKS BY BIDDER If there are any deviations, they MUST be listed below, otherwise none will be allowed. If additional space is required, attach another sheet to this Bid Proposal. If nothing is listed below, it will be interpreted as meaning NO DEVIATIONS. rr Page 22 of 24 Sulfuric Acid for Utilities OFFICIAL BID PROPOSAL PAGE 3 OF 3 REFERENCES ITB- Pw09-49 /CH Provide a list of three references preferably government entities for whom your company has provided similar services. GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER FAX NUMBER SERVICES PROVIDED FOR THIS REFERENCE AND DATE PROVIDED GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER FAX NUMBER SERVICES PROVIDED FOR THIS REFERENCE AND DATE PROVIDED GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER FAX NUMBER SERVICES PROVIDED FOR THIS REFERENCE AND DATE PROVIDED 121 Page 23 of 24 Sulfuric Acid for Utilities CONTACTS PAGE ORDERS (during business hours) Name Phone Fax: ORDERS (after business hours) Name Phone Fax: ACCOUNT MANAGER OR SALES REP. Name Phone Cell: Fax: 0 , 11 ITB- PW09 -41 1CH Page 24 of 24 City of Cape Coral Bid Tabulation Bid Title: Sulfuric Acid for Utilities Bid #: ITB- PW09 -41 /CH Buyer: Chris Hoffman Sulfuric Fuel Est. Annual Extended Cost Bidder Acid Surcharge Usage Unit Price (per tan) ton $75.00 $3.74 3,000 $236,220 Shrieve Chemical Company, (current) The Woodlands, TX $79.21 None 3,000 $237,630 Sulfuric Acid Trading Co. Tampa, FL oil IRA murn , o a"Mi'ixvn Point rour! VVm`uH^,,n P{, �08x:1 \'h"nw (800} M ON) �" |»^/|c1+r� I 75q\V"odsuudrvvrt Th,WnndbndmTl 77380 |i`^n,n (281 / '67'420� F ,^ (281}'�v2 2O!-1 Ts» Tim wux/ % ' | .'^ x ' `^'x& "` ' |aouur"6'2O1l 7o Mimi] It, K1uyConcern: Shnrre Chemical hereby givcs the Chynf Boynton Beach permission to off ofthe .V(.» h,d ("pe Wral Sult Acid Supply Agreement Cor (lie dijradon of this Agreement, R�`�Ku�udv. / 1ud7h/rxiX\1! Bu Pm'Aduw6,wthpon\