2017-075 AGREEMENT FOR
SUPPLY AND DELIVERY SODIUM HYPOCHLORITE
THIS AGREEMENT, is made and entered into this a7 day of
2017, by and between the CITY OF CLERMONT, FLORIDA, a m cipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont,
Florida, (hereinafter referred to as "CITY"), and ALLIED UNIVERSAL
CORPORATION,whose address is: 3901 NW 115 Avenue, Miami, FL 33178 (hereinafter
referred to as "CONTRACTOR").
WHEREAS, the City of Plantation through the public procurement process awarded an
Agreement for supply and delivery of Sodium Hypochlorite, City of Plantation Number
ITB Number 016-16;
WHEREAS,CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the City of Plantation Contract Number ITB 016-16.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I—SCOPE OF WORK
The CONTRACTOR shall provide and deliver Sodium Hypochlorite as described in the
City of Plantation Contract Number ITB 016-16,which is attached hereto and incorporated
herein as Exhibit "A" and shall do everything required by this Agreement and the other
Agreement Documents contained in the specifications, which are a part of these
Documents. Provided, however, that nothing herein shall require CITY to purchase or
acquire any items or services from CONTRACTOR. To the extent of a conflict between
this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until October 20, 2017, unless terminated or renewed as
provided by the City of Plantation.
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2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for four
(4) additional one(1) year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide and deliver Sodium Hypochlorite forth in the applicable
purchase order or notice to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
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ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the Tatter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's.Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the.life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury,including accidental death, as well as claims
for property damages which may:arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy; as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
. employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
3
disease or death,or to injury to or destruction of tangible property(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Allied Universal Corporation
3901 NW 115 Avenue
Miami, FL 33178
Attn: Thomas 0' Shaughnessy, Vice President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
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2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
5
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in City of Plantation Contract/Bid No. ITB016-16.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 1 day of LLA e_ 1 2017.
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City of
-rmont
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Gail L. Ash, Mayor
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Tracy Ackroyd Howe, City Clerk `
``‘,•',: ,'!',-''rte, \\
Allied Universal Corporation.
By:(Name Prin196'r Typed)
Title
Attest:
81-910.1.0.e- 4yot0,
(Name Printed or Typed)
7
EXHIBIT A
,
Plantation
the grass is greener
,
TERM CONTRACT
ITB NO. 016-16
SUPPLY AND DELIVERY SODIUM HYPOCHLORITE
,
AGREEMENT
This Agreement is dated as of the [ 1st ] day of [ August ], in the year 201[ 6 ], by and
between:
CITY OF PLANTATION, FLORIDA
a municipal corporation
400 NW 73rd Ave
Plantation;Florida 33317
(hereinafter referred to as City)
AND
[Allied Universal Corporation ]
[3901 NW 1.15 Avenue]
[Miami, Florida 33178]
(Hereinafter referred to as Contractor)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1 - WORK
The CONTRACTOR shall complete all Work as specified or indicated in the Contract
documents for the project entitled:
City of Plantation
[Supply and delivery,of Sodium Hypochlorite]
[ITB No.'016-16]
and generally described as follows but not limited to: [The purchase and delivery of Sodium
Hypochlorite in bulk.,and less than-tanker loads to various locations throughout the City of
Plantation for the Utilities 'Department. ] as' further defined in the Specification/Scope of
Services
Article 2— ENGINEER
The OWNER has engaged [N/A ] who is hereafter called ENGINEER and who will assume
all duties and responsibilities.and will have the rights and authority assigned to ENGINEER
in the Contracts,Documents in connection with completion of the work in accordance with
the Contract`Documents, [N/A]
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a�Y�'` 390!N11"115 Atienut''� :Are1 'dn llfiann,Florida 33178
a.b_ii —� 305-888-2623 of,jice
1305-463-8369 frAL
WED UNIVERSAL CORPORATION
Estobllshed 1954
RESOLVED that Cristhianne Munguia, Bid Coordinator for Allied Universal
Corporation, be authorized to sign and submit the Contract of this corporation for the
following project:
Supply and Delivery of Sodium Hypochlorite to City of Plantation.
This bid or proposal shall include any other certificate of certification, which
may be required by general municipal, state, or federal law(s). Such inclusion shall
be the act and deed of this corporation, and for any inaccuracies or misstatements
in such certificates or certifications this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is a true and correct copy of the resolution adopted by Allied
Universal Corporation at the meeting of its Board of Directors held on the 8th day of
June 2016.
(Seal of Corporation)
1
Jim 114.......,
•r, President-CEO
3901 NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Drive 5215 W.Tyson Avenue
Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611
305-888-2623 772-464-6195 601-477-2550 813-832-4868
8350 NW 115 Avenue 204 SCM Road 1405 Possum Hollow Roac 2100 Port Road
Miami,Florida 33166 Brunswick,GA 31525 Ranger,GA 30734 West Memphis,AR 72301
305-888-2623 912-267-9470 706-334-7377 870-732-3107
Article 3—CONTRACT TIME
The initial contract period shall be for J1one (1) one year period il, commencing J1October 20.
20161 In addition, the City reserves the right to renew the contract for Four (4) additional
one (1)year period.b, under the same terms, conditions and specifications contingent upon
Budget approval.
.. . - -- a• • • --- : .•
.._ -- -• .- • _. . ... . .. _.
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Article 4—COMPENSATION/PAYMENTS
The OWNER shall pay to the CONTRACTOR for the performance of the Work $00.518/gal
Tanker Load and $0.518/gal Tanker Load is 5,000 gallons (Spilt between two of
Plantation Locations. For portions of the Contract that are in the accepted proposal as
being unit priced, the Contract Sum will be based upon the amounts determined for the total
number of each of the units of work completed at the unit price stated. The City reserves the
right to increase and decrease quantities, and the final payment shall be made for the actual
number of units incorporated in or made necessary by the work covered by this contract.
The Contractor will bill the City at the completion of each job for services rendered of the
work defined herein at the rates submitted in their proposal documents now made apart of
this contract. Submit invoices to:
City of Plantation
Attn: [1Chuck Flynn
[1400 NW 73 Avenue]
Plantation, FL[133317]
Invoices received from the Contractor pursuant to this Contract will be reviewed and
approved by the City's representative, indicating that services have been rendered in
conformity with the Contract and then will be sent to the Financial Services Department for
Page 2 of l 1 Revised 9/2014
payment. Invoices will generally be paid within thirty (30) days following the City
representative's approval.
Final Invoice: In order for both parties herein to close their books and records, the Contractor
will clearly state"final invoice"on the Contractor's final/last billing to the City.This certifies
that all services have been properly performed and all charges and costs have been invoiced
to the City. Since this account will thereupon be closed, any and other further charges, if not
properly included on this final invoice, or which are in excess of the not to exceed amount,
are waived by the Contractor.
Progress payments and retainage and final payment provisions are provided for in the
Contract Documents. Generally, these documents call for monthly progress payments for
approved Work completed less 10%retainage. The balance of the final contract sum shall be
due to the CONTRACTOR from the within 21 days after Final Completion. The Florida
Construction Contract Prompt Payment Law shall govern payments made pursuant to this
Agreement.Any conflict shall be resolved consistent with the law.
Article 5—CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations, in addition to the representations made in the contract documents
as referenced in Article 19.
A. CONTRACTOR has familiarized themselves with the nature and extent of the
Contract Documents, Work, locality and with all location conditions and
Federal, State and local laws, ordinances, rules and regulations that in any
manner may affect cost,progress or performance of the Work.
•
B. CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting
cost, progress or performance of the Work which were relied upon by
ENGINEER in the preparation of the Drawings and Specifications and which
have been identified in the Contract Documents.
C. CONTRACTOR has made or caused to be made examinations, investigations,
tests and studies of such reports and related data in addition to those reference
to in Article 5 of the General Conditions as amended by Supplementary
Conditions,if any, as they deem necessary for the performance of the Work at
the Contract Price, within the Contract Time and in accordance with other
terms and conditions of the Contract Documents; and no additional
examinations, investigations, test, reports or similar data are or will be
required by CONTRACTOR for such purposes.
D. CONTRACTOR has correlated the results of all such observations,
examinations investigations, tests, reports and data with terms and conditions
of the Contract Documents.
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E. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that the CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
the CONTRACTOR
Article 6—RECORDS AND AUDIT
City reserves the right to audit the records of CONTRATOR relating to this Agreement any
time during the performance and term of the Agreement and for a period of three (3) years
after completion and acceptance by CITY. If required by CITY, CONTRACTOR shall agree
to submit to an audit by an independent certified public and review the records of
CONTRACTOR at any and all times during normal business hours during the term of this
Agreement.
CONTRACTOR agrees that it shall keep accurate and complete records with regard to all
services as proposed hereunder. All original records related to the services provided under
the terms of Agreement are the property of CITY and accordingly those records are subject
to the Florida Public Records Law. CONTRACTOR shall not release any City records
without written permission from City except as necessary and appropriate in the performance
of the duties and responsibilities required to comply with terms of any Agreement between
parties.
CONTRACTOR shall preserve and make available for inspection by CITY personnel, or by
personnel duly authorized by CITY, computer date and other records related to the services
provided under this Agreement. The records will be made available during normal business,
hours upon twenty-four hours notice by the CITY.
Article 7—INDEPENDENT CONTRACTOR STATUS
CONTRACTOR and its employees, volunteers and agents shall be and remain as
independent contractors and not agents or employees of CITY, with respect to all of the acts
and services performed by and under the terms of the Agreement. This Agreement shall not
in any way be constructed to create a partnership, association or any other kind of joint
undertaking or venture between the parties hereto.
Article 8—CONFLICT OF INTEREST
CONTRACTOR covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with this Agreement has any personal financial
interests, direct or indirect, with CITY. CONTRACTOR further covenants that, in the
performance of this Agreement, no person having such conflicting interest shall be
employed. Any such interests, on the part of CONTRATOR or its employees, must be
disclosed in writing to CITY.
•
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CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of
Plantation, Broward County and the State of Florida, Chapter 112, Florida Statues(2014), as
amended,agrees that it will fully comply in all respects with terms of said laws
CONTRACTOR warrants that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to
pay, any public official or person employed by CITY any fee, commission, percentage,
brokerage fee or gift of any kind, contingent upon of resulting from the award of this
privilege.
Article 9-ASSIGNMENT
The Agreement is not assignable or transferable in whole or in part without the prior
expressed written consent of the CITY which consent cannot be unreasonably withheld.
Article 10-COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida, City of Plantation and of any
other public authority, which may be applicable to this Agreement.
The validity, construction and effect of this Agreement shall be governed by the laws of the
State of Florida.
Article 11-VENUE
See Article 15 -Dispute Resolution of the General Conditions.
Article 12-PERMITS,FEES AND NOTICES
CONTRACTOR shall use its best efforts to obtain the necessary permits as soon as possible
after the Notice to Proceed is issued. Any delays in obtaining permits must be brought to the
attention of the CITY.
Article 13 -INSOLVENCY
In the event that either party shall become insolvent, make a general assignment for the
benefit of creditors, suffers or permits the appointment of a receiver for its business or its
assets or shall avail itself of, or become subject to, any proceeding under the Federal
Bankruptcy Act or any other statue of any state relating to insolvency or the protection of
rights of creditors, or become subject to rehabilitation, then, at the option of the other party
and immediately upon written notice, this Agreement shall terminate and be of no further
force effect.
Article 14-ENTIRE AGREEMENT
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This Agreement contains the entire understanding of the parties relating to the subject matter
hereof superseding all prior communications between the parties whether oral or written, and
this Agreement may not be altered, amended, modified or otherwise changed nor may any of
the terms hereof be waived, except by a written instrument executed by both parties. The
failure of a party to seek redress for violation of or to insist on strict performance of any the
covenant,term, condition or election but the same shall continue and remain in full force and
effect.
Article 15 -SERVERABILITY
Should any part,term or provision of this Agreement be by the courts decided to be illegal or
in conflict with any law of the State,the validity of the remaining portions or provisions shall
not be affected thereby.
Article 16-NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of this Agreement, CONTRACTOR shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex or national
origin. The CONTRACTOR will take affirmative action to ensure or national original. Such
action much includes,but not be limited to, the following: employment,upgrading; demotion
or transfer; recruitment or recruitment advertising,layoff or termination,termination;rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The CONTRACTOR shall agree to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
•
Article 17- CUMULATIVE REMEDIES
The remedies expressly provided in this Agreement to CITY shall not be deemed to be
exclusive,but shall be cumulative and in addition to all other remedies in favor of CITY now
or hereafter existing at law or in equity.
Article 18-TERMINATION
Upon seven (7) calendar days written notice delivery by certified mail, return receipt
requested, to the CONTRATOR, CITY may without cause and without prejudice to any
other right or remedy, terminate the Agreement for the CITYS convenience whenever the
CITY determines that such termination is in the best interest of the CITY. Where the
Agreement is terminated for the convenience of the CITY the notice of termination to the
CONTRATOR must state that the Agreement is terminated for the convenience of the CITY
under the termination clause and the extent of termination. Upon receipt of the Notice of
Termination for convenience,the CONTRACTOR shall promptly discontinue all work at the
time and to the extent indicated on the Notice of Termination, terminate all outstanding
subcontractors and purchase orders to the extent that they relate to the terminated portion of
the Agreement and refrain from placing further orders and sub-contracts except as they may
be necessary,and complete any continued portions of work.
Page 6 of 11 Revised 9/2014
Article 19—CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between OWNER and
• CONTRACTOR, are attached to this Agreement, made a part thereof and consist of the
following:
A. This Agreement
B. Exhibits(if any)
C. Notice of Award
D. Supplementary Conditions, if any
E. General Conditions
F. Specifications bearing the project title
G. Drawings bearing the project title Ilf necessaryl
H. Addenda numbers [I 0 I]to g 1 g,
• I. Documentation and proposal submitted by CONTRACTOR prior to Notice of
Award
J. Any Written Amendments, Change Orders, or Work Change Directives duly
delivered after-execution of Agreement
K. The Instructions to Bidders
L. The Insurance Coverage's and Bonds required by the Contract Documents
These are no other Contract Documents than those listed above in the Article.
Article 20—MISCELLANEOUS
A. Terms used in this Agreement which are defined in Article 1 of the General
Conditions.shall have the meaning indicated in the General Conditions, or as
•
amended in Suppletnentary Conditions
B. The,CONTRACTOR warrants that no elected official, officer, agent or
employee,of the CITY has financial interest directly or indirectly in this
Contract or the' compensation to be paid under it, and further, that no City
employee who acts in the City of Plantation as a "purchasing agent" as
defined by §112.312(20), Florida Statutes, nor any elected or appointed
officer of the City of Plantation, nor any spouse or child of such purchasing
• agent employee or elected or appointed officer,is a partner,officer director,or
Page 7 of 11 Revised 9/2014
proprietor of the. CONTRACTOR, and further, that no such City employee
purchasing agent, City elected or appointed officer, or the spouse or child of
any of them, alone or in' combination, has a .material interest in the
CONTRACTOR. Material interest means direct of indirect ownership of more
than five(5)percent of the total assets or capital stock of the CONTRACTOR.
C. The CONTRACTOR and OWNER designate the following persons who shall
receive notices pursuant to the'Contract Documents:
For the OWNER: The Honorable Diane Veltri Bendekovic,Mayor
City of Plantation
400 NW 73rd Avenue
Plantation,Florida 33317
With copy to: ]Chuck Flynn, Utilities Department Director]
Cityof Plantation
0400 NW 73 Avenue
Plantation,Florida 33317
With copy to City Clerk
City of Plantation
•
400 NW 73"1 Avenue
Plantation,Florida 33317
For the ENGINEER [I N/A q
Project Manager
F// .
/AA
A
For the CONTRACTOR: llied Universal Corporationl]
901 NW 115 Avenue]
iami, Florida 3317]
Cristhianne Mungui4
All notices and other communications required or permitted under this Agreement shall be in
writing and given by:
hand delivery;
registered or certified mail,return receipt requested;
overnight courier;or
Page 8 of 11 Revised 9/2014
facsimile to:
or to such other address as any party may designate by notice complying with the terms of
this section. Each-such"notice shall be deemed delivered:
on the date delivered if by personal delivery or overnight courier;
on the date upon which the:return receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if
mailed; and
on the date of transmission with confirmed answer back if by fax.
Section 21 in the event of conflict between this Agreement and terms and conditions in
[JITB No. 016-161],the terms of this Agreement shall control.
IN WITNESS WHEREOF,THE CITY OF PLANTATION AND JI4LLIED UNIVERSAL
CORPORA 1 have signed'this AGREEMENT(S).: One counterpart each has been
delivered'to theCITY and CONTRACTOR
Signed,seed and delivered in the presence of:
Attest: L-: CITY OF PLANTATION
(cLEC y , City Clerk By: per U 17 /4exiQ4e24 ,
Diane VeltriBendekovic Mayor
Witness:
As to legal fo n' `' ` -(11-
.1, AD; a o onald 'tunny Jr.
NA/(C ` / •AFIA City ttorney
Typed Name of Witness As to Scope: # w
Administra on Department
Witness:
dav "
As to Contract Insurance Requirements:
Type. : . e of Witness
Weif/(iiatit-.Department
Page 9 of 11 Revised 9/2014
Witness:
As to Procurement Requir •is
(: k
Typed Name of Witness
�c aY9cr Department
STATE OF FLORIDA
COUNTY OF BROWARD ;
The foregoing Agreement was acknowledged befo me this r of
201d 6 b by la;F,c..;r erg e,6-ei': - 'Ma or and � �,
C � y S/u��"1� , City Clerk of the
City of Plantation,Florida,who are lsersonaily known to me or who Has produced
(type of identification)as identification and
did(did not)take an oath. d)
• WITNESS my hand and official seal this / day of j_ l ( 420 I b•
V-
,
My commission expires:
4
My commission number is VMPkI•
" AYESHA ROBINSO A
Notary Public•State of Art ' aisle of Notary
,�. My Comm Expires Aug P.2018
Commission #FF 127 Seal)
Page 10 of 11 Revised 9/2014
Signed, Sealed in the presence of:
Witness: Allied Universal Corporation
Name of Contractor
1014 t"Oi�� Bye.;/ r
Sign( _ .y Authorized Agent
Typed a of Witness 1 (�
�lt5�1n1Gr M.. i�V uia
Wltnes`li► Print Name of Auth.orized"Agent
0/\ toc4kiv..--6(
Title
cnQ\e1\c u (
Typed Nne of itness
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoin Agreement was acknowledged before me this 3 of uU5+
2011 by ‘15kiliO,yoler Pu f4o1 c� , i\t Boot ;tui, o f , (Title)
ntv
of Alva rtt pots. Ton ,who are personally known to me or who has
produced 1'eIsonultc raw n (type of identification)as
identification and did(did not)take an oath.
WITNESS my hand and official seal this 3 day of A1?,064 201[ lg].
Ogidatyyn3L
a�0
Printed Name of Notary
My commission expires:
My commission number is: 1 .V ,6 TAWANA HOUSTON
(Notary seal) 4t,TatirNotary Public•State of Florida .
Commission#FF 204294
My Comm.Expires Jun 12,�'Ass2019
itir ' Bonded through National Net
n.:''
[5319001-14001
Page 11 of 11 Revised 9/2014
OFFICE OF THE MAYOR °. CITY COUNCIL
Diane Veltri Bendekovic, Ron Jacobs, President
Mayor Peter S. Tingom, President Pro Tern
lDr. Robert A. Levy
FINANCIAL SERVICES Lynn Stoner
Anna C. Otiniano Plantation
Chris Zimmerman, AlA
Director the grass is Fpirncr
NOTICE OF AWARD
July 18,2016
Ms.Cristhianne Munguia
Allied Universal Corp.
3901 NW 115 Avenue
Miami,Florida 33178
RE: ITB No.016-16; Supply and Delivery of Sodium Hypochlorite
•
•
Dear Ms. Munguia:
This is to inform you that the City of Plantation City Council awarded the,above mentioned"ITB"for the"Supply
and Delivery of Hypochlorite"at their July 13,2016,to Allied Universal Corp.
After the required protest period has passed,the City of Plantation shall be contacting you to execute a formal
contract/
•
Please understand this is your formal Notice of Award dated July 18,2016. The City of Plantation looks forward
to working with Allied Universal Corp.
• Respectfully.
C. Q
Cha ] Spencer,FC N+
Procurement Administrator
• Email: Espencer®plantation.org
400 N\}V 73rd Avenue • Plantation,Florida 33317
954.797.2647 s www.plantation.org
EXHIBIT B
Bid Form
CITY OF PLANTATION
Bid oflBidder Allied Universal Corporation
}
Address" 3901 NW 115 Avenue.,Miami,FL 33178
To furnish and deliver all materials and to do and perform all work in accordance with the
Contract Documents for the Project entitled:
PROJECT NAME: f apply and Delivery of Sodium Hypochlorite]
ITB No.' 016-16.1
City of Plantation
TO: City of Plantation
400 NW 73rd Avenue
Plantation,FL 33317
The Undersigned Bidder proposes and agrees if this bid is accepted,to enter an agreement with
the OWNER to complete all work as specified or indicated in the Contract Documents for the
Contract Price and within the Contract Time indicated in this Bid and in accordance with the
Contract Documents.
Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation,those dealing with the disposition of Bid Security.This bid will remain open for thirty
days after the day of Bid Opening. Bidder will sign the agreement and submit the contract
security and other documents required by the Contract Documents within 15 days after the date of
Owner's Notice to Award
In submitting this bid,Bidder represents as more fully set forth in the Agreement,that:
A. Bidder has examined copies of all the Contract Documents and of the following Addenda:
(if any addenda have been issued)
DATE: June 16,2016 ADDENDA NUMBER
#1,May 24,2016
(receipt of atl of winch is hereby acknowledged) and also copies of the Advertisement or
Notice to Contractors and the Instruction to Bidder.
B. Bidder has examined the site and locality where the work is to be performed, the legal
requirements Federal, State and Local Laws, Ordinances, Rules and Regulations ) and the
'.., conditions affecting cost, progress or performance of the Work and has made such
independent investigations as Bidder deems necessary.
Page 1of4
TTB Revised 9/2014
•
C. This bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreements or rules of any
group,association,organization or corporation.Bidder has not directly or indirectly induced
or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or
induced any person,fine,or a corporation to refrain from bidding; and Bidder has not sought
by collusion to obtain for himself any advantage over any other Bidder or over OWNER.
D. BIDDER shall complete the Work for the following price. It is the OWNER'S intent to award a
contract based upon the total base bid amount.
TOTAL BASE BID AMOUNT:
Item Description Unit Estimated Unit Price Total Offer
No. Quantity
1. Sodium Hypochlorite(Na0C1, Gallon 82,000 I.
Bleach)as specified herein
TANKER LOAD $.518/gal $42,476.00
Manufacturer offered: Point five one eight cents
Fourty two thousand four
Allied Universal Corp. hundred seventy six dollars
2. Sodium Hypochlorite(NaOC1, Gallon 180,000
Bleach)as specified herein
Tanker load is 5,000 gallons
(Split between two of
Plantation locations)
$.518/gal $93,240.00
Manufacturer offered: Ninety three thousand two
Point five one eight cents
Allied Universal Corp_ hundred fourty dollars
_ a
'Bidder agrees that the Work will be completed within the time identified in the Agreement after the
date when the Contract time commences to run as provided in Paragraph 23 of the General
Conditions(Notice to Proceed).
Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work on time.
Communications concerning this Bid shall be addressed to the address of Respondent indicated
below.
The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them in the
General Conditions.
Page 2 of 4
ITB
Revised 9/2014
The undersigned also agrees as follows:
First:to do any extra work not covered by the foregoing Schedule of Price which may be ordered
by the OWNER, and to accept as full compensation therefore,such prices may be agreed upon in
writing by the OWNER and the BIDDER pursuant to the applicable provisions of the General
Conditions.
Second:Within fifteen days from the"Notice of Award",of this bid,to execute the Contract and
to furnish to the OWNER a satisfactory Performance Bond in the approved City form,
guaranteeing the faithful performance of the Work and payment of bills,the BIDDER to pay for
said bond.
Third: To begin work on the date specified in the"Notice to Proceed".Accompanying this bid is
a certified check, cashier's check or Bid Bond for 5% of Bid payable to the City of Plantation
which is to be forfeited if, in the event that this Bid is accepted, the undersigned shall fail to
�.. execute the contract and furnish satisfactory Contract Security under the conditions and within
the time specified in the Instructions to Bidders;otherwise, said certified check,cashier's check
or Bid Bond is to returned as provided herein.
SUBMITTED ON6I14 20[16 1 j
4'�'
SIGNATURE OF BIDDER � '"�'
�.. TULE(if any): Bid Coordinator
ADDRESS: 3901 NW 115 Avenue
' 1
Miami,FL 33178
Incorporated under the laws of the State of Florida
•
; I
i.;
I...; Page 3 of 4
ETD
Revised 9/2014