R18-110 1
2 RESOLUTION NO. R18-110
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH,FLORIDA,APPROVING THE PIGGY-BACK
6 OF A CITY OF CAPE CORAL BID #UT18-57/MC
7 WITH SHRIEVE CHEMICAL COMPANY FOR THE
8 PROVISION OF SULFURIC ACID FOR AN
9 ESTIMATED ANNUAL EXPENDITURE OF
10 $100,000.00; AUTHORIZING THE CITY MANAGER
11 TO SIGN A CONTRACT WITH SHRIEVE
12 CHEMICAL COMPANY; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS,City staff has confirmed that the City of Cape Coral has complied with
16 Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
17 requirements; and
18 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
19 City of Cape Coral Bid #UT18-57/MC with Shrieve Chemical Company for the provision
20 of sulfuric acid in an estimated annual expenditure of$100,000.00.
21 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon
25 adoption.
26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
27 approves the piggy-back of a City of Cape Coral Bid#UT18-57/MC with Shrieve Chemical
28 Company for the provision of Sulfuric Acid in an estimated annual expenditure of
29 $100,000.00.
30 Section 3. The City Manager is hereby authorized to sign a contract with
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31 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A".
32 Section 4. That this Resolution shall become effective immediately.
33 PASSED AND ADOPTED this 7th day of August, 2018..
34 CITY OF BOYNTON BEACH, FLORIDA
35 YES NO
36
37 Mayor— Steven B. Grant
38
39 Vice Mayor—Christina L. Romelus
40
41 Commissioner—Mack McCray
42
43 Commissioner—Justin Katz
44
45 Commissioner—Joe Casello
46
47 VOTE
48 ATTEST:
49
510 I /9(
X12'
52 JuditigA. Pyle, CMC
53 City V lerk
54
55
56 (Corporate Seal)
57
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CONTRACT FOR SULFURIC ACID
This Agreement is made as of this day of , 2018 by and between
SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 204 South Lake
Florence Drive, Winter Haven, FL 33884 ("SHRIEVE"), and THE CITY OF BOYNTON
BEACH,a Florida municipal corporation,with a mailing address of Post Office Box 310,Boynton
Beach, FL 33425 (the "City").
RECITALS
WHEREAS, sulfuric acid is critical to the water treatment process as it lowers the pH of
the feed water to prevent minerals from forming a hard scale on the membrane during the treatment
process. A build-up of scale on the membranes will decrease the output West Water Treatment
Plant production; and
WHEREAS, SHRIEVE,has agreed to allow the City to piggy-back the City of Cape Coral
Contract No. UT18-57/MC to provide sulfuric acid for an estimated annual expenditure of
$100,000.00 at prices based on City of Cape Coral contract; 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$100,000.00 at prices based on City of Cape Coral contract
#UT18-57/MC, 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. No. 14, Governing Law; shall be accepted as Fifteenth Judicial Circuit,Palm Beach
County, Florida.
C. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
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Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
Section 3. In the event that the City of Cape Coral Contract is amended, or terminated,
SHRIEVE 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 parties
hereto.
Section 4. SHRIEVE 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 the City determines to be more favorable
than the terms in this Contract, the parties shall enter into an Addendum to provide those terms 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.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
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SHRIEVE CHEMICAL COMPANY
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN CITY OF CAPE CORAL
AND SHRIEVE CHEMICAL COMPANY
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\\b
Sulfuric
Sulfuric Acid ITB-UT18-57/MC
CITY OF CAPE CORAL
INVITATION TO BID
SULFURIC ACID
ITB-UT1 8-57/MC
w 6
tialh
PLOIRIIMA
CITY OF CAPE CORAL
FINANCIAL SERVICES DEPARTMENT
PO BOX 150027
CAPE CORAL, FL 33915-0027
BIDS DUE IN PROCUREMENT BY: 1:30 P.M. (ET) April 27, 2018, Cape Coral City Hall,
1015 Cultural Park Boulevard., Second Floor, Cape Coral, Florida 33990.
NO QUESTIONS WILL BE ACCEPTED AFTER: 4:00 P.M. (ET) April 13, 2018, all questions
must be submitted in writing to mconnelk capecoral.net and received by stated time.
ENVELOPES MUST BE MARKED WITH THE TITLE OF THE BID, BID NUMBER, AND
SOLICITATION OPENING DATE AND TIME.
Courier Packages (Fedex, UPS Etc.) shall clearly state, on the outer packaging, the
Invitation to Bid Title and the Invitation to Bid Number. If the proper information is not on
the courier's outer packaging or if the Bid is received after the above stated time, the Bid
may be returned to the Vendor without being opened and/or considered for that project.
1 of 35
Sulfuric Acid ITB-UT1 8-57/MC
TABLE OF CONTENTS
PAGE NUMBER
TABLE OF CONTENTS 2
LEGAL NOTICE 3
INVITATION TO BID - BIDDER ACKNOWLEDGEMENT 4
BID DOCUMENTS 6
1.0 INTRODUCTION 6
2.0 SPECIFICATIONS 7
3.0 GENERAL CONDITIONS 9
4.0 SPECIAL CONDITIONS 13
OFFICIAL BID PROPOSAL 18
BID PREPARATION CHECKLIST- EXHIBIT A 20
SWORN STATEMENT PUBLIC ENTITY CRIMES - EXHIBIT B 21
FORM 3A INTEREST IN COMPETITIVE BID - EXHIBIT C 23
DRUG FREE WORKPLACE CERTIFICATION - EXHIBIT D 24
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
EXHIBIT E 25
CORPORATE RESOLUTION - EXHIBIT F 26
PROTEST PROCEDURES - EXHIBIT G 27
NON-COLLUSIVE AFFIDAVIT - EXHIBIT H 28
REFERENCES - EXHIBIT I 29
CONTACTS PAGE - EXHIBIT J 30
BID SECURITY- EXHIBIT K 31
SAMPLE CONTRACT- EXHIBIT L 32
Page 2 of 35
Sulfuric Acid ITB-UT18-57/MC
CITY OF CAPE CORAL
LEGAL NOTICE
INVITATION FOR BIDS
The City of Cape Coral, Florida will receive Bids for the Purchase and Delivery of Sulfuric Acid, ITB-UT18-57/MC, in
accordance with the specifications on file. Detailed specifications and instructions for submitting a bid 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).
Sealed Bids will be publicly opened at Cape Coral City Hall, 1015 Cultural Park Blvd., Cape Coral, Florida 33990.The names of
bidders responding to this Invitation to Bid will be read aloud and recorded.
BIDS DUE IN PROCUREMENT BY: 1:30 p.m. (ET), April 27, 2018 Cape Coral City Hall, 1015 Cultural Park Blvd., Second
Floor, Cape Coral, Florida 33990.
BID OPENING TIME:April 27,2018 at 2:00 p.m. (ET), in Conference Room 220A
NOTE: No questions will be accepted after 4:00 p.m. (ET),April 13, 2018. Submit all questions in writing to:
mconnell@capecoral.net
Bid must include one(1)original bid,three(3)copies of bid and one(1) readable/reproducible disk(CD)or flash
drive completely duplicating the original bid.
Pursuant to Florida State Statute 119.071 (2)Sealed bids, proposals or replies received by an agency pursuant to a competitive
solicitation are exempt from s. 119.071(1)and s.24(a),Art. I of the State Constitution until such time as the agency provides
notice of intended decision or until 30 days after opening the bids, proposals, or final replies,whichever is earlier.
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. It is the
responsibility of the Bidder to ensure all Bids are actually received by the Procurement Division by the submission deadline.
Procurement is not responsible for late mail or overnight deliveries.
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: PHYSICAL ADDRESS:
City of Cape Coral Procurement Division
Procurement Division Cape Coral City Hall
PO Box 150027 1015 Cultural Park Blvd. 2nd Floor
Cape Coral FL 33915-0027 Cape Coral FL 33990
ENVELOPES MUST BE MARKED WITH THE TITLE OF THE BID, BID NUMBER
AND SOLICITATION OPENING DATE AND TIME.
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
Rebecca van Deutekom, City Clerk
City of Cape Coral Procurement Division, PO Box 150027, Cape Coral FL 33915-0027,
(239)574-0831
Advertise: March 28, 2018
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Sulfuric Acid ITB-UT1 8-57/MC
CITY OF CAPE CORAL
INVITATION TO BID - BIDDER ACKNOWLEDGEMENT
BIDS DUE NO LATER THAN: 1:30PM April 27, 2018 BID NO.
BIDS WILL BE OPENED: 2:00PM April 27, 2018 ITB-UT18-57/MC
AGENCY MAILING DATE BID TITLE
March 28, 2018 SULFURIC ACID
FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER: (The City
of Cape Coral may collect your Social Security Number 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.)
VENDOR NAME
VENDOR MAILING ADDRESS
CITY, STATE &ZIP
TELEPHONE NUMBER FAX NUMBER
TOLL FREE NUMBER
E-MAIL ADDRESS
Non-Collusion: I certify 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.
Signature: Date:
INVITATION TO BID: This Official Bid Form, Bidder Information, Instructions to Bidders, Special Conditions,
Specifications, Addenda and/or any other pertinent documents form a part of this bid and by reference are made
a part thereof. This Official Bid Form MUST be signed and returned with Bid.
PURPOSE: It is the purpose and intent of the Invitation to Bid to secure bids for item(s) and/or services as listed
herein for the City of Cape Coral, Florida, hereinafter called the City.
SEALED BIDS: All bid sheets and this form must be executed and submitted in a sealed envelope (DO NOT
INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain, in addition to the
above addresses, the date and time of the bid opening and bid number. Bids not submitted on the attached
Official Bid Form may be rejected. All bids are subject to the conditions specified herein. Those, which do not
comply with these conditions, are subject to rejection.
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Sulfuric Acid ITB-UT18-57/MC
1. EXECUTION OF BID: 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.
2. AWARD: 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.
The City reserves the right to negotiate additional related services.
3. PRICES: Bidder warrants by virtue of bidding that any orders placed within the bid period shall be honored
at the prices, items and conditions quoted in his/her Official Bid Form. When a yearly quote is being
obtained, bidder must contractually commit that bid amount on bid form is firm with no escalation in unit
price or otherwise for 365 days from award date. Prices must be stated in units of quantity specified in the
bid specifications. In case of discrepancy in computing the amount of the bid, the unit price will prevail.
4. LIABILITY INSURANCE: Where bidders are required to enter City property to deliver materials or perform
work or service as a result of bid award, the bidder assumes full duty obligation and expense of obtaining
all necessary licenses, permits and insurance. Insurance requirements are identified in specifications.
5. TAXES: The City is exempt from any taxes. State Exemption Certificate available upon request. State
Sales Tax Exemption Certificate Number 85-8012589883C-5.
ALL BIDS WILL BE RECEIVED BY THE PROCUREMENT DIVISION.
MAILING ADDRESS PHYSICAL ADDRESS
CITY OF CAPE CORAL CITY OF CAPE CORAL
PROCUREMENT DIVISION PROCUREMENT DIVISION
PO BOX 150027 1015 CULTURAL PARK BLVD
CAPE CORAL, FL 33915-0027 SECOND FLOOR— Room 230
CAPE CORAL, FL 33990
ALL BIDS WILL BE PUBLICLY OPENED AT THE DESIGNATED TIME AND LOCATION SPECIFIED WITHIN
THE LEGAL NOTICE.
BIDS MUST BE RECEIVED NO LATER THAN THIRTY (30) MINUTES PRIOR TO THE SCHEDULED BID
OPENING.
End of Section
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BID DOCUMENTS
THE CITY OF CAPE CORAL REQUIRES THE FOLLOWING DOCUMENTS TO BE RETURNED WITH ALL
BIDS/PROPOSALS IN ORDER FOR A BID TO BE CONSIDERED "RESPONSIVE":
1. SIGNED Invitation to Bid/Bidder Acknowledgement Including Non-Collusion Statement
2. SIGNED Official Bid Proposal Form - This bid contains two (2) pages for the Official Bid Proposal. Both of
these pages MUST be completed and returned and the form signed where indicated. Failure to return
BOTH 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.
3. SIGNED Sworn Statement of Public Entity Crimes(Exhibit B)
4. SIGNED Form 3A if a City of Cape Coral elected official, employee, spouse, or child has an interest
in the business (Exhibit C)
5. SIGNED Drug Free Workplace Certification (Exhibit D)
6. SIGNED Acknowledgement of Insurance Requirements (Exhibit E)
7. SIGNED Corporate Resolution (Exhibit F)
8. SIGNED Non-Collusive Affidavit(Exhibit H)
9. COMPLETED References (Exhibit I)
10. COMPLETED Contacts Page (Exhibit J)
11. COMPLETED Bid Security Requirements Form (Exhibit K)
12. Safety Data Sheets (if applicable)
13. Copy of License(s)Applicable for Performance of Work.
14. One (1) original bid, three (3) copies of bid and one (1) readable/reproducible disk (CD) or flash drive
completely duplicating the original bid.
NOTE: The filing of"NOTICE TO OWNER" statements are not required for Public Projects.
FAILURE TO RETURN ALL OF THE ABOVE REQUIRED ITEMS WITH A BID/PROPOSAL MAY RESULT IN
YOUR BID BEING CONSIDERED NON-RESPONSIVE AND MAY NOT BE CONSIDERED FOR AWARD.
The City of Cape Coral provides documents 1-11 noted above in the bid package. If for any reason you did not
receive these items in your bid package, OR if you obtained your package from anyone other than the City of
Cape Coral Procurement Division, contact the Procurement Division at once at 239-574-0831 prior to the
scheduled bid opening to obtain the necessary documents.
1.0 INTRODUCTION
In 1970, by referendum of the people of the City, a Council/City Manager form of government was adopted, and
the City of Cape Coral was incorporated. The policy-making body of the City is a City Council composed of eight
(8) members, seven (7) members elected at large on a nonpartisan basis from districts and the Mayor (the eighth
member). A Mayor is elected at-large on a nonpartisan basis and has one (1) vote and has only budget line-item
veto authority. All terms run for a four(4) year period with the Mayor and three (3) council members being elected
at one election and two years later the remaining four (4) council members are elected. The City Council is
responsible for all policy-making functions of the government and retains the services of a City Attorney, City
Auditor and City Manager. The City Manager is responsible for all administration of the City. The City provides a
comprehensive range of municipal services including general government, public safety, community development,
public works, planning, utilities, and parks and recreation.
Strategically located on the gulf coast of Southwest Florida, Cape Coral is one of the nation's fastest growing
cities and the third-largest Florida city in land mass. A pre-platted community, Cape Coral's population in 2016
was the 10th largest in Florida at 179,800. At build-out, the Cape's population is forecast to be more than
400,000. The city is also home to more than 9,300 businesses. The median age is 44, young adults outnumber
retirees, 57% of the population are working age, and 86% of the workforce has a high school diploma or better. At
over 400 miles, the City is home to more canals than any other city in the world.
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2.0 SPECIFICATIONS
2.1 SCOPE
Successful bidder shall be responsible for supplying and delivering Sulfuric Acid used by the City of Cape
Coral's Utilities Department on an as-needed basis.
2.2 TERM
This bid shall establish an agreement for a three (3) year period. The City intends for the new agreement to
take effect around September 2018.
2.3 QUANTITY
The estimated annual requirement is three thousand (3,000) tons. The quantities specified herein are
estimates only and no guarantees are expressed nor implied.
2.4 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.
2.5 DELIVERIES
2.5.1 Locations: Southwest R.O Plant, 2090 SW 32nd Street, Cape Coral, FL 33914
North R.O. Plant, 1200 Kismet Parkway West, Cape Coral, FL 33993
2.5.2 Delivered in tank truck quantities of approximately 3,500 gallons per delivery.
2.5.3 Deliveries shall be FOB City of Cape Coral's tanks.
2.5.4 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. The City
observes the following holidays: New Year's Day, Martin Luther King Jr. Day, President's Day,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day
and the day after, and Christmas Day.
2.5.5 Arrangements for actual delivery date and quantity will be made by the plant representatives as
identified by the City upon award.
2.5.6 Deliveries shall be made within three (3) days after receipt of order unless arrangements, for actual
delivery date, have been made by City representative.
2.6 WEIGHT TICKETS
Certified, not hand written, weight tickets to show tare and gross weight are to be supplied when chemicals
are delivered.
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2.7 SAFETY DATA SHEETS
2.7.1 Each bidder must submit as part of the bid package the most recent Safety Data Sheets (SDS) as
required by the OSHA Hazard Communication Rule of 2012 in order to align with the Globally
Harmonized System of Classification and Labeling of Chemicals (GHS).
2.7.2 For each shipment containing items which are classified 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 SDS for each unit of issue in that shipping container. The SDS must be placed in a
weather resistant envelope and contain the purchase order number from the City.
2.7.3 If an SDS 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.
2.8 SAFETY
2.8.1 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.
2.8.2 Drivers will check in with plant personnel before unloading into any chemical bulk storage tank.
2.8.3 Drivers will wear safety gear consisting of: rubber gloves, hard hat with face shield and chemical
resistant safety goggles, protective jacket, pants, and boots.
2.8.4 Drivers will visually observe unloading area for the entire time the chemical is being transferred into
chemical bulk storage tank.
2.8.5 Drivers not having safety equipment will not be allowed to unload chemicals.
2.8.6 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.
2.9 PRICE
Unit pricing is requested on the Official Bid Proposal Form for Sulfuric Acid which shall remain firm for the life
of the agreement. The quantities specified herein are estimates only and no guarantees are expressed nor
implied.
2.10 PRICE ADJUSTMENTS
2.10.1 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.
2.10.2 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.
2.10.3 Adjustments shall become effective thirty (30) calendar days after the posted change. Price
adjustments must be approved in writing by both parties.
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2.11 DESIGNATED CONTACT
2.11.1 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 (Exhibit J)and submit with bid.
2.11.2 Each using facility shall also appoint representatives to become primary contacts for the coordination
and execution of the resulting contract.
2.12 INSURANCE
Enclosed Acknowledgement of Insurance Requirements Form must be completed, signed and submitted
with the bid. (Exhibit E)
2.13 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.
2.14 CANCELLATION
2.14.1 The resulting contract may be cancelled at any time during the period by the City of Cape Coral for
any reason.
2.14.2 A 30-day written cancellation notice will be issued by the City.
2.14.3 The awarded bidder may cancel the contract on the contract date anniversary with a one hundred
twenty(120) day written cancellation notice submitted to the City's Procurement Manager.
3.0 GENERAL CONDITIONS
3.1 INVITATION TO BID
3.1.1 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.
3.1.2 In the event of any conflict between this Invitation to Bid and City of Cape Coral Ordinance, the
provisions of the Ordinance shall prevail.
3.1.3. Bids not submitted on the attached Official Bid Proposal Form may be rejected. All bids are subject
to the conditions specified herein. Those, which do not comply with these conditions, are subject to
rejection.
3.1.4 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 bid,
to contact the Procurement Division to determine if addenda were issued and to make such
addenda a part of the bid.
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Sulfuric Acid ITB-UT18-57/MC
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.
3.2 QUALIFICATIONS OF BIDDERS
3.2.1 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.
3.2.2 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.
3.2.3 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.
3.3 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.
3.4 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.
3.5 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.
3.6 SUBMISSION OF BIDS
3.6.1 The Official Bid Proposal Form MUST be signed and returned with Bid. Bids not submitted on the
attached Official Bid Proposal Form may be rejected.
3.6.2 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
3.6.3 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.
3.6.4 The Bid Preparation Checklist(Exhibit A) is a guide for the Bidder in preparing the bid response.
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3.7 OPENING OF BIDS
3.7.1 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. The names of vendors responding to this
Invitation to Bid will be read aloud and recorded.
3.7.2 Pursuant to Florida State Statute 119.071 (2), sealed bids, proposals or replies received by an
agency pursuant to a competitive solicitation are exempt from s. 119.071(1)and s. 24(a), Art. I of the
State Constitution until such time as the agency provides notice of intended decision or until 30 days
after opening the bids, proposals, or final replies, whichever is earlier.
3.8 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:
3.8.1 That the bidder acted in good faith in submitting the bid;
3.8.2 That in preparing the bid there was an error of such magnitude that enforcement of the bid would
work severe hardship upon the bidder;
3.8.3 That the error was not the result of gross negligence or willful inattention on the part of the bidder;
3.8.4 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
3.8.5 The bidder submits documentation and an explanation of how the bidding error was made.
3.9 BID PROTEST PROCEDURE
Protests must be filed in accordance with Article VII Division 1 Section 2-150 of the City of Cape Coral
Ordinance. See Exhibit G —Protest Procedures.
3.10 BIDS TO REMAIN EFFECTIVE
Bids shall be effective for one hundred twenty (120) days from Bid Opening Date, and thereafter if
accepted by the City for the term designated in this bid.
3.11. CONVICTED VENDORS
A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is
prohibited from doing any of the following for a period of 36 months from the date of being placed on the
convicted vendor list:
3.11.1 Submitting a bid on a contract to provide any goods or services to a public entity;
3.11.2 Submitting a bid on a contract with a public entity for the construction or repair of a public building
or public work;
3.11.3 Submitting bids on leases of real property to a public entity;
3.11.4 Being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and
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3.11.5 Transacting business with any public entity in excess of the Category Two threshold amount
thirty-five thousand ($35,000) dollars provided in section 287.017 of the Florida Statutes.
3.12. DISCRIMINATORY VENDORS
An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida
Statutes may not:
3.12.1 Submit a bid on a contract to provide any goods or services to a public entity;
3.12.2 Submit a bid on a contract with a public entity for the construction or repair of a public building or
public work;
3.12.3 Submit bids on leases of real property to a public entity;
3.12.4 Be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with any public entity; or
3.12.5 Transact business with any public entity.
3.13 VENDOR REGISTRATION
In accordance with Article VII Division 1 Section 2-148 of the City of Cape Coral Ordinance prior to award, a
vendor must complete the vendor registration process. Registration can be done online from the City of Cape
Coral website, www.capecoral.net. Once on the website, under "I WANT TO," click on "Register" then "City
Vendor." That will take you to the "Vendor Portal" page from where you may register online or print out the
Vendor Registration Forms.
3.14 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' Licensing Office upon contract award. Failure to provide evidence of
any required occupational license may be cause for rejection of bid. Bidder must submit a copy of Bidder's
Business License.
3.15 LOBBYING
3.15.1 All bidders 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,
members of the Selection Advisory Committee (SAC), nor any employee of the City of Cape Coral
are to be lobbied either individually or collectively concerning this project.
3.15.2 Contact should only be made through regularly scheduled Council meetings, SAC meetings
scheduled for interviews and/or negotiations, or meetings scheduled though the Procurement
Division, which are for the purposes of obtaining additional or clarifying information.
3.15.3 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.
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3.16 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.
3.17 LOCAL VENDOR PREFERENCE
In accordance with Article VII Division 1 Section 2-144 of the City of Cape Coral Ordinance prior to award, a
vendor who desires to be considered for local preference in a bid must submit sufficient information with its
bid or proposal to allow consideration, including a copy of a paid business tax receipt showing one full
year in advance of the bid.
3.18 DRUG FREE WORKPLACE
The City of Cape Coral is a drug free workplace. Read and submit Exhibit D — Drug Free Workplace
Certification with your bid.
3.19 FORM 3A— INTEREST IN COMPETITVE BID FOR PUBLIC BUSINESS:
Read and submit Exhibit C — Form 3A Interest in Competitive Bid for Public Business (if a City of Cape
Coral elected official, employee, spouse, or child has an interest in the business). Mark N/A if not
applicable.
3.20 NON-COLLUSIVE AFFIDAVIT
Read and submit Exhibit H —Non-Collusive Affidavit.
3.21 CORPORATE RESOLUTION
The corporate resolution form is utilized to provide names of individuals that are legally authorized to
execute agreements on behalf of the corporation, company, partnership, joint venture or entity. This may
include signing of bid documents, contracts, forms, and agreements. The corporate resolution form
includes the name of individuals, with their signatures and their official title with the entity submitting a bid
or proposal.
Proposers must provide either the corporate resolution form or the company's official letterhead, indicating
the authority of the individuals who may sign and legally bind the company in proposals, bids, contracts,
and agreements. The authorized individuals name(s) should be shown on the corporate resolution or
letterhead with their typewritten name, their official title and actual signatures shown beside their name.
The document should be signed and dated by an authorized agent of the company. The document should
include the company's official address and phone number. If the primary qualifying agent is not the owner,
an officer, a member, a joint venture managing partner, etc., describe the relationship to the company and
provide proof of such relationship and/or license use agreement. (Exhibit F)
4.0 SPECIAL CONDITIONS
4.1 INSURANCE
4.1.1 Bidders must sign and complete the enclosed Acknowledgement of Insurance Requirements Form
and submit with the bid. (Exhibit E)
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4.1.2 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.
4.1.3 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.
4.1.4 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.
4.1.5 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.
4.1.6 The awarded bidder may be in default of the award for failure to maintain the insurance as required
by this bid.
4.2 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.
4.3 ESTIMATED QUANTITIES
The quantities specified herein are estimates only and no guarantees are expressed nor implied.
4.4 BID PRICE
Bid price shall be all inclusive of product, transportation charges, unloading charges, and/or any other charges
incurred in delivery per bid specifications.
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4.5 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.
4.6 BID SECURITY
A Bid Security Requirements Form is included and must be completed and returned with the bid. See form for
specific information. (Exhibit K)
4.7 METHOD OF ORDERING
It is anticipated that the City will utilize blanket purchase orders. Orders will be placed on an as needed basis.
4.8 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.
4.9 INVOICES
Invoices must include full item description, unit and extended prices, Purchase Order number, ordering
division, delivery location, quantities delivered and backorder status.
4.10 PAYMENTS
4.10.1 Contractor shall invoice the City upon completion of installation and training and final acceptance
of the project. City shall make payment and Contractor shall be in receipt of all sums properly
invoiced within thirty (30) days of the City's receipt of such invoice unless, within a fifteen (15) day
period, City notifies Contractor in writing of its objection to the amount of such invoice, together
with City's determination of the proper amount of such invoice. City shall pay any undisputed
portion of such invoice within such thirty(30)day period.
4.10.2 If City shall give such notice to the Contractor within such fifteen (15) day period, such dispute over
the proper amount of such invoice shall be resolved, and after final resolution of such dispute, City
shall promptly pay the Contractor the amount so determined, less any amounts previously paid by
City with respect to such invoice. In the event it is determined that City has overpaid such invoice,
the Contractor shall promptly refund to the City the amount of such overpayment.
4.10.3 The City of Cape Coral has implemented a P-Card Program. The awarded Contractor may take
advantage of this program and receive payments within days of delivery in lieu of standard
invoicing 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 Contractor Merchant Service fees and/or
interchange rate.
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4.11 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.
4.12 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.
4.13 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 principles, 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 ten (10) 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
Records of the Contractor's personnel, sub-consultants, and the costs pertaining to the Project shall be
kept in accordance with generally accepted accounting practices.
Contractor shall keep full and detailed accounts and financial records pertaining to the provision of services
for the City. Prior to commencing work, Contractor shall review with and obtain the City's approval of the
accounting procedures and records to be utilized by the Contractor on the Project. Contractor shall
preserve the aforementioned Project records for a period of ten (10) years after final payment, or for such
longer period as may be required by law.
4.14 PUBLIC RECORDS
Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by the City if the
Contractor refuses to allow public access to all documents, papers, letters, or other material made or
received by the Contractor in conjunction with this contract, unless the records are exempt from
disclosure.
4.15 QUESTIONS
Any requests for additional information or clarification should be submitted in writing to the attention of,
Mark Connelly, Procurement Specialist, by email at mconneMcapecoral.net or by fax at 239-574-0837
prior to 4:00 pm April 13, 2018. Any questions or requests for additional information or clarifications will not
be accepted after 4:00 pm April 13, 2018. Questions regarding the technical specifications may be
forwarded to the requesting department by the Procurement Division.
4.16 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:
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4.16.1 The ability, capacity, skill and sufficiency of resources of the bidder to perform the contract.
4.16.2 The bidder's ability to perform the contract within the time specified.
4.16.3 The character, integrity, reputation,judgment, experience and efficiency of the bidder.
4.16.4 The quality of performance of the bidder on previous City contracts.
4.16.5 The previous and existing compliance by the bidder with laws and ordinances relating to the
contract.
4.16.6 The quality, availability and adaptability of the supplies or professional or contractual services to the
particular use required.
4.16.7 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.
4.17 REFERENCES
Bidder must submit three references per Exhibit I —References.
END OF SECTION
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CITY OF CAPE CORAL
OFFICIAL BID PROPOSAL
PAGE 1 OF 2
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 one hundred twenty (120) days from bid opening date, and if accepted by the City, for the
period specified herein.
Est.Annual
Description Unit Cost Usage Total Bid
SULFURIC ACID, as specified $ /ton x 3,000 tons $
Manufacturer:
Minimum order:
FEIN:
NAME OF BUSINESS MAILING ADDRESS
AUTHORIZED SIGNATURE CITY,STATE&ZIP CODE
NAME,TITLE,TYPED PHONE NUMBER
E-MAIL ADDRESS FAX NUMBER
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OFFICIAL BID PROPOSAL
PAGE 2 OF 2
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.
BIDDER:
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EXHIBIT A
BID PREPARATION CHECKLIST
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.
Invitation to Bid — Bidder Acknowledgement/ Non-Collusion
Signed Required Official Bid Proposal Form. Official Bid Proposal Form MUST be completed in full,
all forms signed where indicated, and returned as part of your proposal package. Failure to return ALL
pages of the bid proposal form may result in rejection of your bid.
Sworn Statement on Public Entity Crimes (Exhibit B)
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.
(Exhibit C)
Drug Free Workplace Certification —(Exhibit D)
Acknowledgement of Insurance Requirements—(Exhibit E)
Corporate Resolution (Exhibit F)
Protest Procedures(Exhibit G)
Non-Collusive Affidavit(Exhibit H)
References(Exhibit I)
Contacts Page (Exhibit J)
Bid Security Requirements Form (Exhibit K)
Copy of Bidder's License(s)Applicable for Performance of Work
Safety Data Sheets (if applicable)
ONE original bid, three (3) copies of bid, and one (1) readable/reproducible disk (CD) or flash drive
completely duplicating the original
The outer packaging shall clearly state Invitation to Bid Title, Invitation to Bid Number, Solicitation
Opening Date and Time!
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.
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EXHIBIT B
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
(Print name of the public entity)
by
(Print individual's name and title)
for
(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. I 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. 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. I 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 joint venture with a person who has been convicted of
a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
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SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES
5. I 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 , 2018.
(NOTARY PUBLIC)
My Commission Expires:
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EXHIBIT C
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 government 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 realty,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$10,000.00
CE FORM 3A-REV.12/09
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ITB-UT1 8-57/MC
EXHIBIT D
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
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EXHIBIT E
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 minimum limits 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 limit 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 Bidder:
AUTHORIZED SIGNATURE
DATE:
NAME AND TITLE(PRINTED OR TYPED)
BIDDER:
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EXHIBIT F
CORPORATE RESOLUTION
,Secretary of a
corporation organized and existing under the laws of the State of , hereby certify that at a meeting of the
Board of Directors of the Corporation duly called and held on , 20at which a quorum was
present and acting throughout,the following resolutions were adopted and are now in full force and effect:
RESOLVED that the following individuals of this corporation are authorized to execute on behalf of this corporation a Bid
and Agreement to City of Cape Coral, Florida for the construction of the
(Project Name)
I further certify that the names of the officers of this corporation and any other persons authorized to act under this
resolution and their official signatures are as follows:
NAME OFFICIAL TITLE OFFICIAL SIGNATURE
Corporation address
Corporation phone number
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary and affixed the seal of the corporation this
day of ,20_.
SECRETARY: DATE:
(Signature)
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EXHIBIT G
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 Manager prior to the opening of bids or the closing date of proposals.
A written notice of intent to protest an intended bid award shall be filed with the City Procurement 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 written notice of intent to protest the ranking of proposals submitted in response to a request for proposals shall be
filed with the Procurement Manger within five business days(excluding Saturdays, Sundays and legal holidays)after
the date of mailing of the notice of ranking by the SAC or by the City Manager or designee. Only those persons or
firms who have been submitted a bid/proposal or who have been interviewed and ranked shall be permitted to file a
protest.
A formal written protest shall be filed within ten (10)calendar days after the filing of the initial written notice of intent
to protest and shall be delivered in a manner that requires a signature by a representative of the City. 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. The 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) calendar days after receipt
of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer or
administrative law judge who shall conduct a hearing within fifteen (15)calendar days of receipt of the formal written
protest. The hearing officer or administrative law judge shall render a recommended order within thirty(30) calendar
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, RFP 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 or RFP 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 attorney's fees. The decision shall be final and conclusive as to the CITY unless an
appeal is filed or an action is filed in court within ten days of the date of the decision of Council.
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Sulfuric Acid ITB-UT18-57/MC
EXHIBIT H
NON-COLLUSIVE AFFIDAVIT
State of
County of
being first duly sworn, deposes and says that he is
(partner or officer of the firm, etc.), the party making the fore-going proposal or bid,
that such proposal or bid is genuine and not collusive or sham;that said bidder has not colluded, conspired, connived
or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not
in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any
person, to fix the bid price of affiant or of any other bidder, or to fix overhead, profit or cost element of said bid price,
or of that of any other bidder, or to secure any advantage against the City of Cape Coral of any person interested in
the proposed contract; and that all statements in said proposal or bid are true.
(Bidder,if the bidder is an individual;
Partner,if the bidder is a partnership;
Officer,if the bidder is a corporation)
(Company Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by (name and title of corporate officer) of (name of
corporation), a (state or place of incorporation)corporation, on behalf of the corporation. He/she
is personally known to me or has produced (type of identification)as identification.
(Signature line for notary public)
(Name of notary type, printed or stamped)
(Title or rank)
My commission expires:
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EXHIBIT I
REFERENCES
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
EMAIL ADDRESS
SERVICES PROVIDED FOR THIS REFERENCE WHEN
GOVERNMENT ENTITY OR COMPANY NAME
CONTACT PERSON
ADDRESS
PHONE NUMBER
EMAIL ADDRESS
SERVICES PROVIDED FOR THIS REFERENCE AND WHEN
GOVERNMENT ENTITY OR COMPANY NAME
CONTACT PERSON
ADDRESS
PHONE NUMBER
EMAIL ADDRESS
SERVICES PROVIDED FOR THIS REFERENCE AND WHEN
Page 29 of 35
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EXHIBIT J
CONTACTS PAGE
ACCOUNT MANAGER OR SALES REP.
Name
Phone
Cell:
Fax:
Email:
EMERGENCY CONTACT.
Name
Phone
Cell:
Fax:
Email:
ORDERS(during business hours)
Name
Phone
Fax:
Email:
ORDERS(after business hours)
Name
Phone
Fax:
Email:
Page 30 of 35
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EXHIBIT K
BID SECURITY REQUIREMENTS FORM
Each person or entity submitting a sealed bid may be required to post bid security in an amount equal to 5% of
the total base bid or amount identified in the special conditions. 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 written sum of
(Security Type: Bond, Cashier's Check, Etc.)
Dollars ($ ).
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 31 of 35
Sulfuric Acid ITB-UT1 8-57/MC
Exhibit L
Sample Contract
CITY OF CAPE CORAL
CONTRACT# CON-UT18-57/MC
SULFURIC ACID
This Agreement, made and entered into this day of , 2018 by and between
the CITY OF CAPE CORAL, FLORIDA, hereinafter called "CITY", and doing business
as a corporation, hereinafter called "CONTRACTOR".
WITNESSETH: that for and in consideration of the payments and agreements mentioned hereinafter:
1. The CONTRACTOR will supply SULFURIC ACID in accordance with the Bid Documents and
Specifications.
2. The term of this agreement shall be for a three (3) year period from , 2018 through , 2021.
3. The CONTRACTOR agrees to supply products as described in the Bid DOCUMENTS at the unit price of
$ /ton listed on the CONTRACTOR'S Official Bid Proposal Form (Attachment A) during the term of
the contract hereto and made a part hereof.
4 This agreement may be terminated by the CITY for its convenience upon thirty (30) days prior written
notice to the CONTRACTOR.
This agreement may be terminated by the CONTRACTOR on the anniversary of the agreement with a one
hundred twenty(120) day written cancellation notice submitted to the City's Procurement Manager.
5. The Term "Contract Documents" means and includes the following:
A. Bid Specifications Prepared and Issued by the CITY.
B. Submitted Response of CONTRACTOR to the CITY, except when it conflicts with any other
contractual provision.
C. This Contract as well as all other documents attached hereto and/or referenced herein.
This agreement constitutes the entire and exclusive agreement between the parties and supersedes any
and all prior communications, discussions, negotiations, understandings, or agreements, whether written
or verbal. In the event of conflict between any provision of any other document referenced herein as part
of the contract and this agreement, the terms of this agreement shall control.
6. All time limits listed in the contract documents are of the essence in the performance of this agreement.
7. The CONTRACTOR 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 principles, 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 ten (10) 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.
INITIALS
Page 32 of 35
Sulfuric Acid ITB-UT1 8-57/MC
Sample Contract
CITY OF CAPE CORAL
CONTRACT# CON-UT18-57/MC
SULFURIC ACID
8. Assignment: This agreement may not be assigned except at the written consent of the CITY, and if so
assigned, shall extend and be binding upon the successors and assigns of the CONTRACTOR.
9. Disclosure: The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona-fide employee working solely for the Contractor to solicit or secure this agreement and
that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona-fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other
compensation contingent upon or resulting from the award or making of the agreement.
10 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.
11. Administration of Agreement: The Public Works Director, or his representative, shall administer this
agreement for the CITY.
12. Governing Law: The validity, construction and effect of this Contract shall be governed by the laws of the
State of Florida. All claim and/or dispute resolution under this Agreement, whether by mediation,
arbitration, litigation, or other method of dispute resolution, shall take place in Lee County, Florida. More
specifically, any litigation between the parties to this Agreement shall be conducted in the Twentieth
Judicial Circuit, in and for Lee County, Florida. In the event of any litigation arising out of this Contract, the
prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's
fees.
13. Public Records: Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by
the City if the Contractor refuses to allow public access to all documents, papers, letters, or other material
made or received by the Contractor in conjunction with this contract, unless the records are exempt from
disclosure.
14. Amendments: No Amendments or variation of the terms or conditions of this agreement shall be valid
unless in writing and signed by the parties.
15. Indemnity: The CONTRACTOR 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 CONTRACTOR
and any persons employed or utilized by CONTRACTOR in the performance of this Contract.
16. Invalid Provision: The invalidity or unenforceability of any particular provision of this agreement shall not
affect the other provisions hereof, and the agreement shall be construed in all respects as if such invalid or
unenforceable provisions were omitted.
INITIALS
Page 33 of 35
Alb
Sulfuric Acid ITB-UT18-57/MC
Sample Contract
CITY OF CAPE CORAL
CONTRACT#CON-UT18-57/MC
SULFURIC ACID
17. Insurance: Without limiting its liability, the CONTRACTOR shall be required to procure and maintain at its
own expense during the life of the Contract, insurance of the types and in the minimum amounts as
specified in the Contract Documents which will protect the CONTRACTOR, from claims which may arise
out of or result from the CONTRACTOR'S execution of the project, whether such execution by himself or
by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose
acts any of them may be liable. Any questions regarding the insurance requirements should be directed to
the Risk Manager, (239) 573-3138. The CITY shall be listed as additional insured on General Liability
policies.
Workers' Compensation Insurance covering all employees meeting Statutory Limits in compliance with
the applicable state and federal laws. The policy must include Employer's Liability with a minimum limit of
$3,000,000.00 for each accident.
Comprehensive General Liability coverage shall have minimum limits of$3,000,000.00 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; and a Contractual Liability Endorsement.
Business Vehicular Liability coverage shall have minimum limits of $3,000,000.00 per occurrence.
Combined Single Limit for Bodily Injury Liability, 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 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.
The City shall be listed as an Additional Insured on the General Liability policy. In the event the
insurance coverage expires prior to completion of the project, a renewal certificate shall be issued 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 insure that all sub-
contractors comply with the same insurance requirements herein. All proposer certificates of insurance
must be on file with and approved by the City before the commencement of work activities. Waivers of
subrogation shall also be provided upon approval of the applicable insurers.
The CONTRACTOR shall "flow down" the requirements of this provision to all sub-contractors.
The limits of insurance required above must be retained throughout the term of the contract.
The CONTRACTOR must notify the City immediately if any of the required coverage limits are reduced
due to claim activity or for any other reason.
Policies should be written on an "occurrence" basis.
18. Entire Agreement: This Contract constitutes the entire and exclusive agreement between the parties and
supersedes any and all prior communications, discussions, negotiations, understandings, or agreements,
whether written or verbal.
INITIALS
Page 34 of 35
Sulfuric Acid ITB-UT18-57/MC
Sample Contract
CITY OF CAPE CORAL
CONTRACT#CON-UT18-57/MC
SULFURIC ACID
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed, by their duly authorized
officials this Contract in one counterpart which shall be deemed an original on the date last signed as below
written:
WITNESS CITY: CITY:
City of Cape Coral, Florida
Signature: Signature:
Typed Name: Rebecca van Deutekom Typed Name: A. John Serzlaa
Title: City Clerk Title: City Manager
Date:
CITY LEGAL REVIEW:
Dolores Menendez Date
City Attorney
WITNESS CONTRACTOR: CONTRACTOR:
Company:
Signature: Signature:
Typed Name: Typed Name:
Title: Title:
Date:
Page 35 of 35