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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 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\VAGZE6P0\Piggy-Back_(Cape_Coral)_- Shrieve - Sulfuric_Acid_(2018)_-_Reso.docx 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 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content-IE5\vAGZE6P0\Piggy-Back_(Cape_Coral)_- Shrieve Sulfuric_Acid_(2018)_-_Reso.docx 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 Page 1 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Piggyback(Cape Coral- Shrieve)Sulfuric Acid(2018).docx 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 Page 2 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Piggyback(Cape Coral- Shrieve)Sulfuric Acid(2018).docx SHRIEVE CHEMICAL COMPANY WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Piggyback(Cape Coral- Shrieve)Sulfuric Acid(2018).docx EXHIBIT A AGREEMENT BETWEEN CITY OF CAPE CORAL AND SHRIEVE CHEMICAL COMPANY Page 4 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE411\Piggyback(Cape Coral- Shrieve)Sulfuric Acid(2018).docx \\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 Page 3 of 35 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. Page 4 of 35 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 Page 5 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 6 of 35 Sulfuric Acid ITB-UT1 8-57/MC 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. Page 7 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 8 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 9 of 35 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. Page 10 of 35 Sulfuric Acid ITB-UT18-57/MC 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 Page 11 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 12 of 35 Sulfuric Acid ITB-UT18-57/MC 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) Page 13 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 14 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 15 of 35 Sulfuric Acid ITB-UT18-57/MC 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: Page 16 of 35 Sulfuric Acid ITB-UT18-57/MC 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 Page 17 of 35 Sulfuric Acid ITB-UT18-57/MC 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 Page 18 of 35 Sulfuric Acid ITB-UT18-57/MC 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: Page 19 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 20 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 21 of 35 Sulfuric Acid ITB-UT18-57/MC 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: Page 22 of 35 Sulfuric Acid ITB-UT18-57/MC 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 Page 23 of 35 Sulfuric Acid 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 Page 24 of 35 Sulfuric Acid ITB-UT18-57/MC 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: Page 25 of 35 Sulfuric Acid ITB-UT18-57/MC 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) Page 26 of 35 Sulfuric Acid ITB-UT18-57/MC 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. Page 27 of 35 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: Page 28 of 35 Sulfuric Acid ITB-UT1 8-57/MC 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 Sulfuric Acid ITB-UT18-57/MC 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 Sulfuric Acid ITB-UT1 8-57/MC 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