Contract 2022-166AAGREEMENT No. 2022-166 FOR
SUPPLY AND DELIVERY OF SODIUM I IYPOCI II.ORITG
THIS AGREEMENT, is made and entered into this 13th day of December 2022, by and between
the CITY OF CLERMONT, FLORIDA, a municipal 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 A FLORIDA CORPORATION, whose
address is: 3901 NW 115 Avenue, Miami, Florida 33178, (hereinafter referred to as
"CONTRACTOR").
WHEREAS, City of Plantation through the public procurement process awarded an Agreement
for, Supply and Delivery of Sodium Hypochlorite Contract Number 078-22;
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 078-22;
WTTNESSETH: That the parties hereto. for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish purchase and delivery of sodium of hypochlorite as described
in the City of Plantation Contract Number 078-22, which is attached hereto and incorporated herein
as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits
attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire
any items or services from CONTRACTOR that is not specified in the CITY's purchase order. 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.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until December 7, 2023 unless terminated or renewed by City of Plantation.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
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CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4)
additional one (1) year term.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in City of Plantation Contract Number 078-22 or
in the specific purchase order or authorized order submitted by CITY. Nothing herein
shall obligate CITY to purchase any specific amount of product from CONTRACTOR or
create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY has
accepted the items in accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
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�. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. 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.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. 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.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its 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 subCONTRACTOR 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.
7.2. CONTRACTOR's Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business 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 as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to
provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, 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 such acts are 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; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
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.
8. 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.
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A. CONTRACTOR:
Allied Universal Corporation
Attn: Jim Palmer, President
3901 NW 115 Avenue, Miami, Florida 33178
A. OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. 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.
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9.6. Assi nment.
Except in the event of a 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.
9.7. 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.
9.8. 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.
9.9. 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.
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.
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10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the City of Plantation Contract Number 078-22.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13`h day of
December 2022.
Cite of Clermont
Tim Murry, Mayor
Attest:
1e�
Tracy Ackroyd Howe, City Clerk
I.
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ALLIED UNIVERSAL CORPORATION A FLORIDA CORPORATION
By:
Print Name:
Title:
Date:
(Signature)
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CITY OF PLANTATION
Plantation
the grass is greener
AGREEMENT
Between
THE CITY OF PLANTA TION
AND
ALLIED UNIVERSAL CORPORATION
For
PURCHASE AND DELIVERY OF SODIUM
HYPOCHLORITE
Agreement No. 0 78-22
AGREEMENT
I Agreement
By and Between
City, of Plantation
&
Allied Universal Corporation
for
Purchase and Delivery of Sodium Hypochlorite
Agreement No. 078-22
1. PARTIES AND DATE.
This Agreement ("Agreement") is made and entered into this 'is day of ' 2022
by and between the CITY OF PLANTATION, a Florida Municipal Corporation with its principal place of
business at 400 NW 73 AVENUE PLANTATION, FL 33317, ("City") and Allied Universal Corporation a
Florida Corporation with its principal place of business at 3901 NW 115 Avenue, Miami, Florida 33178
("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively
as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
The Contractor shall timely complete the required services to the City as set forth in the terms
and conditions in this Agreement. The Contractor represents that it is experienced in providing Sodium
Hypochlorite to public clients, is licensed and authorized to do business in the State of Florida, and is
familiar with the requirements of the City.
2.2 Service
The City desires to engage the Contractor to Purchase and Delivery of Sodium Hypochlorite. The
Contractor represents and warrants that it is able to satisfactorily provide the product/service according
to the Technical Specifications, which are incorporated herein by reference as Exhibit "A".
The following Exhibits referenced herein are hereby incorporated into this Agreement- Exhibit
"A" Technical Specifications, Exhibit "B" documentation required by the City submitted by the
Contractor during the solicitation period prior to Notice of Award, Exhibit "C" Pricing, Exhibit "D"
Insurance Requirements.
2.3 Procurement
The City of Plantation electronically advertised an "Invitation to Bid" (ITB) for Purchase and
Delivery of Sodium Hypochlorite.
The City of Plantation received two (2) bid responses from Contractors stating they can
perform/provide the aforementioned work/product/commodity.
The City of Plantation found Allied Universal Corporation the lowest responsive, responsible
bidder and presented the recommendation of approval to the City Council for execution of an
agreement.
The City of Plantation City Council approved the execution of an agreement for Purchase and
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
Delivery of Sodium Hypochlorite with Consent Agenda Item No. 7 on November 9, 2022.
t 3. TERMS.
3.1 Term.
A The initial agreement period shall be for one (1) year, commencing
'1 In addition, the City reserves the right to extend this Agreement for four (4)
additional one (1) year renewal periods, provided the Contractor also agrees in writing to
extension upon such terms as the City and Contractor agree. Prices shall remain firm and fixed
for the initial term of the Agreement.
3.2 Responsibilities of Contractor
A PaN ment. Payment for work shall be authorized upon completion of all work
specified in "Scope of Services" of this specification. Invoices will he subject to verification and
approval by the department requesting the service. Each invoice shall be submitted in increments
not greater than thirty (30) days. All invoices are required to be submitted within three (3) months,
if invoices are not submitted within three (3) months, the City reserves the right not to pay due to
delinquency.
B. Contractor's Compensation. At the completion of services, the Contractor
shall receive a compensation of the prices listed below and further specified in Exhibit C.
Pricing: Product — Sodium Hypochlorite (Na0C1, Bleach)
Itetn No. 1 - Delivery in Tanker Load ($1.34/gal)
Item No. 2 - Tanker Load (Split between two of Plantation locations) ($1.36/gal)
C. Control and PaNrment of Subordinates: Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor shall determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term. Any
additional personnel performing the Services on behalf of Contractor shall also not be employees of
City and shall at all times be under the Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
D. Control and Payment of Subcontractors. All work performed for Contractor
by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor
and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to the
applicable terms and conditions of this Agreement for the benefit of the City. The Contractor shall
be responsible for the payments to any Subcontractors, including any professional fees, or
Suppliers and additional costs within 14 calendar days of City's payment to Contractor. The City
shall not be responsible for any payments to Subcontractors or Suppliers. The City shall not be
billed directly or indirectly for any professional fees or additional costs of the Subcontractors for
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
the Project.
E Schedule of Services. Contractor shall perform the Services expeditiously,
within the Term, and in accordance with the Scope of Services set forth in Exhibit "A". Contractor
represents that it has the professional and technical personnel required to perform the Services in
conformance with such conditions. In order to facilitate the Contractor's conformance with the
Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City,
Contractor shall provide a more detailed schedule of anticipated performance to meet the Scope of
Services.
F. Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
G. Substitution of Key Personnel. Contractor has represented to City that
certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Contractor may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Contractor cannot agree as to
the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to
the City, or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property, shall
be promptly removed from the Project by the Contractor at the request of the City.
n Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, Contractors, and other staff at
all reasonable times.
L Standard of Care, Performance of Employees. Contractor shall perform all
Services in a skillful and competent manner, consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of Florida. Contractor
represents and warrants that it is skilled in the professional calling necessary to perform the
Services. Contractor represents and warrants that all employees and Subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents and warrants that it, its employees, and Subcontractors have all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to perform the Services
and that such licenses and approvals shall be maintained throughout the Term. As provided for in
the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and
expense and without reimbursement from the City, any services necessary to correct errors or
omissions which are caused by the Contractor's failure to comply with the standard of care
provided for herein. Any employee of the Contractor or its Subcontractor who is determined by
the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform
the Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
J. Excusable Delays. Neither Party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or
regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party.
Notwithstanding the foregoing, the City shall have no obligation to compensate Contractor for any
Service that Contractor fails to perform, or otherwise has not performed.
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K Laws and Regulations: Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, and shall give
all notices required by law. Contractor warrants that it shall perform the Services in compliance
with all applicable Federal and Florida employment laws, including, but not limited to, those laws
related to minimum hours and wages; occupational health and safety, fair employment and
employment practices; workers' compensation insurance and safety in employment; and all other
Federal, State and local laws and ordinances applicable to the services required under this
Agreement. Contractor shall indemnify and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or on account
of any liability under any of the above -mentioned laws, which may be incurred by reason of
Contractor's performance under this Agreement. Contractor shall be liable for all violations of such
laws and regulations in connection with the Services. If the Contractor performs any work knowing
it to be contrary to such laws, rules and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend,
indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising
out of any failure or alleged failure to comply with such laws, rules or regulations.
i. Equal Opportunity Employment. Contractor represents and
warrants that it is an equal opportunity employer and it shall not discriminate against any
Subcontractor, employee or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to,
all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
L Insurance.
i. Time for Compliance. Contractor shall not commence Services
until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to
Exhibit "D". In addition, Contractor shall not allow any Subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured
all insurance pursuant to Exhibit "D".
M Safely. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and Subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
N. Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal business hours
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AGREEMENT
to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement for a period of 3 years from the date of final payment
under this Agreement.
3.3 Termination of Agreement.
A For Convenience. City may, by written notice to Contractor, terminate the
whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least 30 calendar days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
The City may terminate this Agreement for convenience even if Contractor avails itself of the
Dispute Resolution process set forth below in subsection 3.6C.
B. For Cause. City may, by written notice to Contractor, terminate the whole or
any part of this Agreement at any time and with cause by giving written notice to Contractor of
such termination, and specifying the effective date thereof, at least 21 calendar days before the
effective date of such termination. The City may, but is not obligated to, provide Contractor with
an opportunity to cure any breach prior to the effective date of any termination for cause. The
Contractor may not terminate this Agreement except upon a breach by the City, which is not cured
upon 21 calendar days notice to City. In case of the Contractor's termination for cause, the
Contractor shall be paid for Services satisfactorily provided to such termination date, less any
setoffs or adjustments City may claim arising out of the Contractor's breach, the remaining
unperformed parts of this Agreement, and for that portion (if any) of the Contractor's performance
which is unsatisfactory (the intent being that the Contractor be paid what is just and equitable
compensation for the Contractors' performance of Services rendered to the satisfaction of the
City). Upon termination, Contractor shall be compensated only for those Services which have
been adequately rendered to City, and Contractor shall be entitled to no further compensation.
Should the Contractor avail itself of the Dispute Resolution process set forth below in subsection
3.6C, then the City may not terminate this Agreement for Cause until the conclusion of the Dispute
Resolution process.
C Mutual Termination. This Agreement may also be terminated by mutual
written agreement at any time and under any terms.
D. Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services.
Contractor shall be required to provide such documents and other information within 21 calendar
days of the request.
E Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, Services similar to those terminated.
3.4 Ownership of Materials and Confidentiality.
A Documents & Data, Licensing of Intellectual Properly. This Agreement
Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any
and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data in any form, which
are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data").
All Documents & Data shall be and remains the property of City, and shall not be used in whole or
in substantial part by Contractor on other projects without the City's express written permission.
Within 21 calendar days following the completion, suspension, abandonment or termination of this
Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a
form and amount required by City. City reserves the right to select the method of document
reproduction and to establish where the reproduction will be accomplished. The reproduction
expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding
the amount of compensation to which the Contractor is entitled under the termination provisions
of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the
undisputed amount. Contractor shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Contractor shall retain copies of all
Documents & Data on file for a minimum of 15 years following completion of the Project, and shall
make copies available to City upon the payment of actual reasonable duplication costs. Before
destroying the Documents & Data following this retention period, Contractor shall notify City and
provide City with the opportunity to obtain the Documents & Data.
B. SubContractors. Contractor shall require all SubContractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
SubContractor prepares under this Agreement. Contractor represents and warrants that Contractor
has the legal right to license any and all Documents & Data. Contractor makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or its SubContractors, or those provided to Contractor by the
City.
G Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another project,
provided that any such use not within the purposes intended by this Agreement or on a project
other than this Project without employing the services of Contractor shall be at City's sole risk. If
City uses or reuses the Documents & Data on any project other than this Project, it shall remove
the Contractor's seal from the Documents & Data. Contractor shall be responsible and liable for
its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition
of the Documents & Data at the time they are provided to the City upon completion, suspension,
abandonment or termination. Contractor shall not be responsible or liable for any revisions to the
Documents & Data made by any party other than Contractor, a party for whom the Contractor is
legally responsible or liable, or anyone approved by the Contractor.
D. Indemnification. Contractor shall defend, indemnify and hold the City, its,
officials, officers, employees, volunteers, and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity
in consequence of the use on the Project by City the Documents & Data, including any method,
process, product, or concept specified or depicted. This subparagraph shall survive termination or
expiration of this Agreement.
E Confidentiality. To the maximum extent permitted by law, all Documents
& Data, either created by or provided to Contractor in connection with the performance of this
Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
Agreement, shall be held confidential by Contractor. All Documents & Data shall not, without the
prior written consent of City, be used or reproduced by Contractor for any purposes other than the
performance of the Services. To the maximum extent permitted by law, Contractor shall not
disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not
connected with the performance of the Services or the Project. Nothing furnished to Contractor
that is otherwise known to Contractor or is generally known, or has become known, to the related
industry shall be deemed confidential. Contractor shall not use City's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
3.5 General Provisions.
A Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective Parties at the following address, or at such other address (physical
or electronic) as the respective Parties may provide in writing for this purpose:
Contractor:
City:
Jim Palmer, President
3901 NW 115 Avenue
Miami, Florida 33178
Email: bids@allieduniversal.com
Mayor Nick Sortal
400 NW 73rd Avenue
Plantation, FL 33317
With copies to:
Jason Nunemaker
Chief Administrative Officer
400 NW 73rd Avenue
Plantation, FL 33317
Kerry L. Ezrol, City Attorney
Goren Cherof, Doody & Ezrol, P.A.
3099 E Commercial Blvd., Ste. 200
Fort Lauderdale, FL 33308
Such notice shall be deemed made when personally delivered, or, if mailed, 48 hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable
address, or delivered to such electronic mail address provided by the Parties for service of notices
under this subsection when receipt is acknowledged by electronic written response by the receiving
Party.
B. Indemnification.
Scope of Indemnity. To the fullest extent permitted by law.
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers,
and agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors
or omissions of Contractor, its officials, officers, employees, subcontractors, contractors, or agents
in connection with the performance of the Contractor's services, the Project or this Agreement,
including without limitation the payment of all consequential damages, expert witness fees and
attorney's fees and other related costs and expenses, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Contractor and other persons employed or
utilized by the Contractor in the performance of this Agreement.
ii. Additional Indemnity Obligations. Payment of any amount due
pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the
City that such amount is due, be made by Contractor prior to the City being required to pay same,
or in the alternative, the City, at the City's option, may make payment of an amount so due and
Contractor shall promptly reimburse the City for same, together with interest thereon at the
statutory rate from the date of receipt by Contractor of written notice from the City that such
payment is due. Contractor agrees, at Contractor's expense, after written notice from the City, to
defend any action against the City that falls within the scope of this indemnity, or the City, at the
City's option, may elect not to tender such defense and may elect instead to secure its own attorney
to defend any such action and the reasonable costs and expenses of such attorney incurred in
defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of
written notices from the City, fails to make any payment due hereunder to the City, Contractor
shall pay any reasonable attomey's fees or costs incurred by the City in securing any such payment
from Contractor.
iii. Nothing contained herein is intended nor shall it be construed to
waive the City's rights and immunities under the common law or Florida Statute §768.28 as
amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which would otherwise exist in the City's favor.
Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be
liable or responsible to Contractor beyond the monetary limits and amounts specified in Ch.
768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or
otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or
for lost profits or consequential damages.
Agreement.
iv. This paragraph shall survive termination or expiration of this
C. Dispute Resolution
i. In the event that any dispute between the City and the Contractor concerning
questions or issues arising under this Agreement that have not been resolved, a request for dispute
resolution shall be submitted by the Contractor to the City for determination. Request for such
determination shall be made in writing. The City's decision may be reached in accordance with
assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered
in writing no more than 30 calendar days after receipt of a fully documented (to the extent that
such documents are within the control of the Contractor) request for a determination. The decision
shall be conclusive, final, and binding on all Parties, unless the Contractor shall seek a judicial
determination in accordance with the provisions set forth below in subsection 3.6D.
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
ii. No later than 10 calendar Days after the Contractor's receipt of the City's
determination, the Contractor shall respond to the City in writing, either accepting the
determination or stating the Contractor's factual or legal objection to the determination. If the
Contractor's response is an objection, the City shall respond in writing to the objection within 10
calendar days after receipt. No further response by either Party shall be required. Thereafter, the
Contractor may seek a judicial determination of the dispute. In the event that the Contractor intends
to seek judicial determination of a matter decided by the City, the Contractor shall notify the City
of its intent to do so within 10 calendar days of the City's final decision.
iii. If required by City, the Contractor shall continue to perform the Services
required under this Agreement during this resolution period, including any judicial resolution. The
City's written determination shall be complied with pending final resolution, including judicial, of
the dispute. If the Contractor complies with the City's written determination, the City shall
continue to perform under this Agreement and make all payments due (other than those or the
portions of payments in dispute, if any) during the resolution period. This payment provision shall
not apply in the event that the Contractor fails to submit a dispute to the City as required by this
subsection. The continued performance of this Agreement by either Party shall not constitute an
admission as to any factual or legal position in connection with the dispute, or a waiver of its rights
under this Agreement or at Law.
D. Governing Law; Judicial Review; Venue. This Agreement shall be governed
by the laws of the State of Florida and venue shall be in Broward County without regard to its
conflicts of law. The Parties hereby agree that in the event of any litigation between them, such
proceeding shall be brought exclusively in the courts of the State of Florida, County of Broward
or the Federal District Court with subject matter jurisdiction and encompassing the County of
Broward, Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and
venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein
has been brought in an inconvenient forum. To the extent not prohibited by applicable law that
cannot be waived, the City and Contractor hereby waive, and covenant that they will not assert
(whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in
whole or in part under or in connection with this Agreement, whether now existing or hereafter
arising, and whether sounding in contract, tort or otherwise.
E Time of Essence. Time is of the essence for each and every provision of this
Agreement.
F. City's Right to Employ Other Contractors. City reserves right employ
other contractors in connection with this Project. Successors and Assigns.
CL Successors and Assigns, This Agreement shall be binding on the successors
and assigns of the Parties.
R Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
L Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and SubContractors of
Contractor, except as otherwise specified in this Agreement. The captions of the various articles
and paragraphs are for convenience and ease of reference only, and do not define, limit, augment,
or describe the scope, content or intent of this Agreement.
I Amendment, Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
K Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel or otherwise.
L No Third Party Beneficiaries. Except to the extent expressly provided for in
this subsection, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties. The City has three dependent districts (Plantation Midtown Development District,
Plantation Gateway, and the City of Plantation Community Redevelopment Agency) hereinafter
"Districts", all of which have the power to execute contracts, and all of which are served by City
personnel for the purpose of Administration. Such Districts shall be intended third Party
beneficiaries and shall be able to enforce the terms hereof for any Serves provided on behalf of the
Districts.
M. Invalidity; Scverability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
N Prohibited Interests. The Contractor warrants and represents that no elected
official, officer, agent or employee of the City has a financial interest directly or indirectly in this
Agreement or the compensation to be paid under it, and further, that no City employee who acts in
the City as a "purchasing agent" as defined by § 112.312(20), Florida Statutes, as amended, nor any
elected or appointed officer of the City, nor any spouse or child of such purchasing agent employee
or elected or appointed officer, is a partner, officer, director, or proprietor of the Contractors, 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 Contractors.
Material interest means direct or indirect ownership of more than Five Percent (5%) of the total
assets or capital stock of the Contractors.
Q Conflicts 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 Contractor or its employees, must be disclosed in writing to City.
Contractor is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida
Statues, as amended, and agrees that it will fully comply in all respects with the 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.
P. Convicted Vendor List. Contractor represents to City that it is not a person
Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
or affiliate as defined in §287.133, Florida Statutes, as amended, which has been placed on the
convicted vendor list maintained by the Florida Department of Management Services following a
conviction for a public entity crime. Contractor acknowledges and agrees that it may not submit a
bid on a contract to provide any goods or services to the City, may not submit a bid on a contract
with the City for the construction or repair of any public building or public work, may not submit
bids on leases of real property with the City, may not be awarded an opportunity to perform work
as a Contractor, supplier, SubContractor or Contractor under a contract with the City, and may not
transact business with the City in an amount set forth in §287.017, Florida Statutes, as amended,
for Category Two for a period of 36 months from the date of being placed on the convicted vendor
list.
Q. Cooperation, Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
R. Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform this Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
S. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original, and it shall not be necessary in making proof of this Agreement to
produce or account for more than one such counterpart.
T. Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
Parties
4. PUBLIC RECORDS
4.1 The City of Plantation is public agency subject to Chapter 119, Florida Statutes, as
amended. The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat., or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of this Agreement Term and, following completion of this Agreement,
Contractor shall destroy all copies of such confidential and exempt records remaining in
its possession after the Contractor transfers the records in its possession to the City; and
D. Upon completion of this Agreement, Company shall transfer to the City, at no cost to
the City, all public records in Contractor's possession. All records stored electronically
by the Contractor must be provided to the City, upon request from the City's custodian
Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
of public records, in a fortnat that is compatible with the information technology systems
of the City.
E. The failure of the Contractor to comply with the provisions set forth in this section
shall constitute a Default and Breach of this Agreement, for which, the City may
tenninate this Agreement.
4.2 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
400 NW 73 AVENUE
PLANTATION, FL 33317
(954) 797-2237
abeggerow�c.plantation.org
THIS SECTION WAS INTENTIONALLY LEFT BLANK
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
AGREEMENT
■
IN WITNESS WHEREOF, ALLIED UNIVERSAL CORPORATION have signed this Agreement in duplicate. One
counterpart each has been delivered to the City and Contractor.
Attest:
Apri eggerow, A��
As to legal form:
As to Procureme
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF PLANTATION
THE FOREGOIN INSTRUMENT was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this 94 day of ii`, 2022, by Nick Sortal, as Mayor of the City of Plantation, a Florida
municipal corporation, on behalf of the municipal corporation. She is personally know or has produced
as identification.
My commission expires: I / 2/Zc;,7-6
Signed, Sealed in the presence of:
Witness:
Wi •ss*
Typed nant of Witnwjs
STATE OF FLORIDA
COUNTY OFOt'(Affil'
PUBLIC
Notary Public SWO of 10me
John pecotn
� µy Cortlrt1i59ion
�+o� n EXP• ��TrJ2s':t2028
ALLIED UNIVERSAL CORPORATION
a Florida Corporation
By:
Palmer, President
The foregoing instrument was acknowledged before me by means of 1( physical presence or ❑ online
notarization, this V �^� 4 ?% � ��- (date) by Jim Palmer, a� President, a Florida Corporation, obehalo �
company. They are personally knows to me or who has produced �h'P f
identification.
., A'�A„ IiiAPIEDWA.,
My commission expires: ;�,;; � <:; Kotary.f 0 t.- St ite of Fiarida '
C mfr�ar. HH OA$G11 7, NOTARY PUBLIC
.l� Y �d': My tdinlM t"Ji9vee Sep 71 3
0, ifOl3 � UG•i;tc t1�rar� Nattiora! Note v a�sr �
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite
OFFICE OF THE MAYOR
Lynn Stoner,
Mayor
PROCUREMENT DEPARTMENT
Charles Spencer, NIGP-CPP
Director
November 14, 2022
Cristhianne Mungia
Allied Universal Corporation
3901 NW 115 Avenue
Miami, Florida 33178
Email: bids@allieduniversal.com
-�
CITY COUNCIL
Erik Anderson, President
Jennifer Andreu, President Pro Tern
1
Timothy J. Fadgen
Plantation
Nick Sortal
ihu grass is,rccncr
Denise Horland
RE: ITB No. 078-22; Purchase and Delivery of Sodium Hypochlorite
Dear Cristhianne Mungia:
This letter is to inform you that the City of Plantation City Council awarded the above referenced bid at their November 9, 2022 meeting
Consent Agenda Item No. 7, to Allied Universal Corporation.
Pricing Information:
Item
No.
Description
Unit
Unit Price
Estimated Quantity
Total Offer
1.
Sodium Hypochlorite (Na0C1, Bleach) as specified herein
TANKER LOAD
Gallon
1.34/ al
82,000
$109,880.00
2.
Sodium Hypochlorite (Na0C1, Bleach) as specified herein
Tanker load is 5,000 gallons (Split between two of
Gallon
1.36/ al
180,000
$244,800.00
Plantation locations)
All equipment and/or services shall comply with "Technical Specifications", identified in/with ITB No. 078-22; Purchase and Delivery of
Sodium Hypochlorite.
If you have not already done so, please register as a City of Plantation vendor by visiting our website (www.plantation.org) and completing
the proper application.
Note: The City shall not be obligated to any Bidder to enter into a contract or issue a purchase order with the Bidder despite the City governing
body prospectively awarding the Project to a successful Bidder. The City shall be obligated to any Bidder for the project if and only if the
CITY enters into a contract or issues a purchase order for the Project with the Bidder, and further, no action will lie against the City to compel
the City to execute any such contract or purchase order, or to recover from the City any damages, costs, lost profits, expenses, etc., that Bidder
may incur if the City chooses not to sign such contract or issue a purchase order.
If you have any questions, please do not hesitate to contact me.
Respectfully,
Shewil Good r%ch
Sheri Goodrich
Procurement Agent
Email: Sgoodrich00antation.org
400 N%V 73rd Avenue • Plantation, Florida 33317
954.414.7841 • www.plantation.org
EXHIBIT "A"
(Technical Specifications)
SCOPE OF SERVICES
PURPOSE AND INTENT
The sole purpose and intent of this Invitation to Bid is to establish a firm fixed term contract for
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.
TECHNICAL REQUIREMENTS (Hvnochlorite Solution, Bleach)
Product specifications (as per AWWA Standard B-300-99 latest version)
• Trade name: Hypochlorite Solution, Bleach
• Chemical formula: NaOCI
• Specific gravity: at 20C -1.1 - 1.2
• Molecular weight: 74.5
• Appearance: Light -yellow to green clear liquid solution
• Solubility in water: Complete
• Freezing Temperature: minus 7C to minus 1 OC
STANDARDS
• Hypochlorite supplied under this contract shall be tested and certified as meeting these
specifications and those of the American National Standards Institute/National Sanitation
Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals
Health Effects. It is the responsibility of the Contractor to inform the participating agency
that NSF or UL certification has been revoked or lapsed within 24 hours of the time the
supplier receives verbal or written notification. Loss of certification may constitute
sufficient grounds for immediate termination of the contract between the participating
agency and the Contractor.
• Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter
(GPL) available chlorine (i.e., 12.0 Trade Percent).
• Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by
weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide.
• Hypochlorite delivered under this contract shall meet the following containment
concentration limits:
Iron < 0.3 mg/L
Copper < 0.03 mg/L
Nickel < 0.03 mg/L
Chlorate < 1,500 mg/L
Bromate < 20 mg/L
Perchlorate < 20 mg/L
Filter Test Time (1000 ml) < 3 minutes
ITB No. 078-22; Supply and Delivery of Sodium Hypochlorite Pagc 1 13
SCOPE OF SERVICES
0
• Sampling and testing shall be in accordance with EPA and AWWA B300-04 standards
and in accordance with the documents titled: "The Weight Percent Determination of
Sodium Hypochlorite, Sodium Hydroxide, And Sodium Chlorate in Liquid Bleach" and
"Suspended Solids Quality Test for Bleach Using Vacuum Filtration", distributed by
Powell Fabrication and Manufacturing, Inc. and available at http://www.powellfab.com.
CONTRACTOR RESPONSIBILITES:
• Shipments shall bear warning labels as specified by USDOT regulations.
• Successful bidder's vehicle shall be equipped with a 2" Cam Lock Filler No7.71e for
product dispensing (unload).
• The delivery site(s) is located within a well field zone. Proper handling and delivery
procedures shall comply with the Department of Environmental Resources Management
(ERM) requirements.
• Product shall be delivered in thoroughly cleaned tank trucks. City of Plantation reserves
the right to order in quantities less than a tanker load (LTL).
Delivery Reports:
A certified report from the manufacturer shall be submitted for each sodium hypochlorite
delivery to the City. The report shall contain the following data:
• Date & Time of Manufacture
• Percent by weight of:
1. Sodium Hypochlorite
2. Available Chlorine
3. Excess Sodium Hydroxide
• Specific Gravity (Referenced to a temperature)
• Suspended Solids Test Time
No deliveries will be accepted by the City unless accompanied by said certified laboratory report
for the specific patch of sodium hypochlorite delivered showing the above data and that it
conforms to the required specifications.
Deliveries shall be Monday — Friday, 7:00am — 5:00pm
Item No. 1- Tanker load is 5,000 gallons
ITB No. 078-22; Supply and Delivery oi'Sodium Hypochlorite Page 114
SCOPE OF SERVICES
0
Item No. 2- Tanker load is 5,000 gallons (Split between two City of Plantation locations)
At any time during the performance of this Agreement, if the City has any sort of sludge or other
impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank
at no charge to the City within seven (7) days, unless such timeframe is extended by the City.
The cleanout should be done in such a manner so that it is done safely with no loss of
disinfection to the affected plant and the contents disposed of in accordance with current
regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the City
for the approval prior to this work being completed. The determination of whether there is any
such sludge or impurity buildup in the tanks will be at the sole discretion of the City. When the
tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium
hypochlorite at no cost to the City. Failure of the Contractor to clean out the tank and replace the
sodium hypochlorite within seven (7) days after being served notice (or within any extension of
this timeframe specified by the City) shall be cause for immediate termination of the sodium
hypochlorite supply Agreement between the City and the Contractor.
DELIVERY LOCATIONS ARE AS FOLLOWS:
ITEM #1
Regional Wastewater Treatment Plant
6500 NW 11 Place
Plantation, Florida 33313
ITEM #2
East Water Treatment Plant
500 NW 65 Ave
Plantation, Florida 33317
Central Water Treatment
700 NW 91 Avenue
Plantation, Florida 33324
ESTIMATED ANNUAL, USAGE
(per year)
82,000 gallons
ESTIMATED ANNUAL USAGE
(per year)
85,000 gallons
95,000 gallons
END OF SPECIFICATIONS
1TB No. 078-22; Supply and DeliveryofSodiuHypochlorite Page 115
IN
EXHIBIT "B"
(Submitted Documentation
as Required by the City)
NON -COLLUSION CERTIFICATION
TO BE RETURNED WITH BID
By signing and submitting this bid, the BIDDER certifies that this bid is made independently and
free from collusion.
BIDDF,R shall disclose below, to their best knowledge, any City of Plantation officer or employee,
or any relative of any such officer or employee as defined in Section 112.3135(l) (c), Florida
Statutes (2014), who is an officer of director or, or has a material interest in, the BIDDER's
business, who is in a position to influence this procurement. Any City of Plantation officer or
employee who has any input into the writing of specifications or requirements, solicitation of
offers, decision to award, evaluation of of -ers, or any other activity pertinent to this procurement
is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or
capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand
to personally gain if the contract is awarded to this BIDDER.
Failure to submit this executed statement as part of the bid shall make the bid nonresponsive
and not eligible for award consideration. In the event the BIDDER does not indicate any
names, the CITY shall interpret this to mean that the BIDDER has indicated that no such
relationships exist. Failure of a BIDDER to disclose any relationship described herein shall
be reason for termination of bid or award, whichever is applicable, with no time to cure.
NAME RELATIONSHIP
BIDDER:
By: Allied Universal Corporation
Name: Cristhianne Munguia
Title: Bid Coordinator
IT13 No. 078-22; Supply and Delivery of Sodium Hypochlorite Page 116
NON -COLLUSION CERTIFICATION
i&_
NOTARY BLOCK FOR AN INDIVIDUAL
STATE. OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this (date) by (name ofpersonal acknowledging),
who is personally known to me or who has produced
as identification.
My commission expires:
NOTARY PUBLIC
NOTARY BLOCK FOR A CORPORATION
STATE OF FLORIDA
COUNTY OF MIAMI - DADE
(type of identification)
The foregoing instrument was acknowledged before me by means of n physical presence
or ❑ online notarization, this 10/5/22 (date) bycristhianne Munguia(name of officer or agent, title of
officer or agent), of Allied universal corp. (name of corporation acknowledging), a Florida (state or
place of incorporation) corporation, on behalf of the corporation. fie/she is personally known to
me or who has produced personally known (type of idenq�cation) as identification.
My commission expires:
NOTARY PUBLIC
ATASEIRA PIEDRA
Notary Public • State of Florida
Commission 0 HH 045013
x a My Comm. Expires Sep 21, 2024
Dorded through National Notary Assn.
ITB No. 078-22; Supply and Delivery of Sodium Hypochloritc Page 117
GENERAL TERMS AND CONDITIONS
TEST AND INSPECTION
it shall be the Awardee's responsibility to perform all of the tests and inspections required by this specification, unless otherwise
stated in the award. The CITY of Plantation reserves the right to perform any of the tests and inspection requirements where said
tests and inspections are needed to further determine compliance with this specification.
QUALITY AND QUALITY CONTROL.
A system of test and inspection shall be used to ensure receipt of the quality and quantity of material(s)/service(s) purchased.
Material(s)/serviee(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall
be reported immediately and resolved at no expense to the CITY.
NON-CONFORMANCE:
Any units not conforming to exact specifications may he rejected and it will be the responsibility of the Manufacturer and/or
CONTRACTOR to conform with the requirements unless deviations have been specifically cited by the CONTRACTOR and
acceptance, by the CITY, made on the basis of the exception. If the materials, supplies or equipment provided does not meet the
specification criteria, it will be returned to the vendor at the vendor's expense with no cost or penalty to The CITY whatsoever.
EVALUATION:
The CITY will evaluate the performance of any newly installed equipment or purchased service. If the equipment's performance
is unacceptable or the service does not meet The CITY'S requirements, the CONTRACTOR agrees to provide new replacement
equipment or make necessary corrections or modifications at no additional cost to the CITY. The acceptability of the proposed
corrections or modifications and the decision to allow corrections or modifications to be made lies solely with the CITY.
PATENTS, TRADEMARKS AND COPYRIGHT:
The CONTRACTOR warrants that the equipmcnt/materials furnished and/or services rendered on this order, do not infringe any
patent, registered trademark or copyright, and agrees to hold The CITY harmless in the event of any infringement or claim thereof.
COMPLIANCE WITH LAWS AND REGULATIONS:
The CONTRACTOR, by acceptance of an order resulting from this Written Bid, warrants full compliance with all applicable local,
state or federal laws and regulations and agrees to indemnify and defend the CITY against any loss, cost, liability or damage by
reason of CONTRACTOR'S violation of this paragraph.
WARRANTY.
1. It shall be the Awardec's responsibility to submit at the time of shipment the original manufactnrer's warranty for the
materials supplied. CONTRACTOR shall submit, in writing, a detailed explanation of the procedure(s) that they will
follow to accomplish the replacement, with their bid. Replacement shall be finalized within 21 work ing days of reTxirting
the defect.
2. The CONTRACTOR shall, upon acceptance of the good or service by the City, transfer all manuflacturcr warranties for
the goods and services purchased to the City.
3. The CONTRACTOR warrants to the City that all goods and services furnished hereunder will conform in all respects to
the terms of this order, including any drawings, specifications or standards incorporated herein, and/or defects in
materials, workmanship, and free from such defects in design. in addition, CONTRACTOR warrants that the goods and
services are suitable for and will perform in accordance with the purposes for which they were intended.
4. The CONTRACTOR warrants against defective or fault\ \%orkmanship of CONTRACTOR installed or crafted
equipment or materials which appear within one (1) ycar alier final acceptance of the goods and services by the City.
ALTERNATIVE PRODUCTS: When bidding on an Alternative Product "or equal," Bids must be accompanied with all
descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and
specifications, certified operation and test data and experience records. Failure of any CONTRACTOR to furnish the data
necessary to determine whether the product is equivalent, may be cause for rejection of the specific itcros(s) to which it pertains.
All deviations from the specifications must be noted in detail by the CONTRACTOR. Any deviation from the specifications as
written and accepted by the CiTY may be grounds for rejection of the material and/or equipment when delivered.
EQUAL PRODUCT: Manufacturer's brand name and model number arc used in these specifications for the purpose of
establishing minimum requirement level of quality and standards of performance and design required. This is in no way intended
to prohibit the bidding of other manufacturer's items of equal material and function, unless otherwise indicated. Equal (substitution)
may be bid, providing the product hid is found to be equal in quality, standards of performance, design, ctc. to item specified, unless
otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications,
ITB No. 078-22; Supply and Delivery of Sodium Hypochlorite page 120
GENERAL TERMS AND CONDITIONS
brochures, etc.) documenting the equipment bid as equal. The CITY, after evaluation of the documentation submitted, will
determine if products is approved as equal to the specified request.
QUANTITIES: When quantities are estimated they arc not to be construed as firm or guaranteed. The CITY reserves the right to
increase/decreasc the stated estimated as necessary to meet actual requirements.
OSHA: The CONTRACTOR warrants that the product supplied to the CITY of Plantation shall conform in all respects to the
standards set forth in the Occupational Safety and I lealth Act of 1970, as amended, and the failure to comply with this condition
will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be
borne solely by the CONTRACTOR responsible for same (If applicable).
EXCEPTIONS: The intent of this specification is not to eliminate any prospective CONTRACTOR from competing in the bidding
process, provided the specification is met or exceeded. Fxceptions to the specifications outlined shall he allowed assuming the
following criterion: The noted exceptions taken meet or exceed the function, quality, and protective requirements designated by
the specification. In addition, each exception shall be identified by section number and thoroughly described in a word document
or PDF file and included in the bid package at time of submittal.
SCRUTINIZED COMPANY CERTIFICATION: The company is hereby certifying that they arc not on the Scrutinized
Companies that Boycott Israel List or that are participating in a boycott of Israel pursuant to Section 287.135, Florida Statutes.
Company understands and agrees that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being
placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or
engaging in business operations in Cuba or Syria will be cause for the CITY to terminate this Agreement at the option of the CITY
COOPERATION WITH THE BROWARD COUNTY OFFICE OF INSPECTOR GENERAL.
The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts
are performed and how contractors and vendors (herein, "CONTRACTORS") are paid. To this end, CONTRACTOR agrees to
cooperate with the OIG in the event the Contractor is contacted by the OIG. Such cooperation shall include, answering any
questions that may be posed by the OIG, and allowing the OIG to review and copy any of CONTRACTOR's written material,
contract documentation, and financial records that may relate to the formulation, execution, and performance of this Contract. The
CONTRACTOR acknowledges and agrees that whatever work or effort is expended by CONTRACTOR in interfacing with the
OIG is part of the administrative or overhead or base costs of the services provided by the CONTRACTOR to the CITY, and shall
never be a basis for claiming extra or additional compensation under this Contract, or for requesting a change order.- 'Me
CONTRACTOR's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the CITY claiming
the CONTRATOR is in default, and may, if not timely curd, allow the CITY to terminate this Contract for cause. Unless the
CONTRACTOR is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General,
CONTRACTOR shall advise CITY, in writing and in the same manner as Contractor gives the CITY formal notice under this
Contract, each instance, if ever, that the CONTRACTOR is contacted by the OIG, and shall supply the CITY with information
necessary to allow the CITY to ensure that the Contractor is fully performing the requirements of this Paragraph. In the absence
of this Contract containing a provision concerning to whom the Contractor gives formal notice for matters relating to this contract,
such notice shall be in writing, and shall he addressed to the following person, and either faxed or mailed by First Class Mail.
COMPLIANCE UNDER SECTION 119 0701 FLORIDA STATUTES. ON PUBLIC RECORDS
The Contractor hereby certifies that it shall comply with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform
the service.
(b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the
records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that arc 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 public agency all public records in possession
of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the public agency.
I m No. 078-22; Supply and Delivery of Sodium Hypochlorite Page 121
GENERAL TERMS AND CONDITIONS
E-VERIFY
1) Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide
labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor' includes, but is
not limited to, a vendor or consultant.
"Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor
in exchange for salary, wages, or other remuneration.
"F.-Verify system" means an Internet -based system operated by the United States Departmem of l Iouucland Security that allows
participating employers to electronically verify the employment eligibility of newly hired employees.
2. Registration Requirement; Termination
Effective January I, 2021. Contractors, shall register with and use the E-verify system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's F,-Verify
System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract: and
b) All persons (includingsubvcndors/subconsultants/subcontmciors) assigned by Contractor to perform work pursuant to
the contract with the City of Plantation. The Contractor acknowledges and agrees that registration and use of the U.S. Department
of Homeland Security's Fi-Verify System during the term of the contract is a condition of the contract with the City of Plantation:
and
c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended
from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting
that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a
copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract. or if a
subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. Termination of this
Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a
violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date
of termination.
PAYMENT
'me CITTS payment terms shall he thin), days (30) from approval by the City of the purchase of the service or equipment.
TAXES
The CITY of Plantation is exempt from Federal Excise Taxcs and all sales taxes. The CiTY of Plantation tax number is 85-
8012646337C-9.
PERMITS
'Me Contractor shall secure and pay for all maintenance of traffic (MOT), construction permits and licenses, etc. and shall pay for
all governmental charges, inspection fees, and fines incurred by Contractor for their negligence, error or omission. The City would
assist the Contractor, if possible, in obtaining such permits and licenses. The Contractor shall also be responsible to pay all public
utility charges or fees to other government agencies, where applicable.
FLORDiA BUSINESS CORPORATION ACT
A Vendor must he authorized to transact business in the State of Florida pursuant to section 607.1501 of the Florida Statutes.
Vendor must have or obtain a certificate of authority from the Department of State.
By signing this document, I agree to all of the aforem ntioned terms and conditions that are applicable to this written informal bid
Authorized Signature: Date: 10/05/2022
Print/Type Name: Cristhianne Munguia
PrintrType company Name: Allied Universal Corporation
ITB No. 078-22; Supply and Delivery of Sodium ITypochlorite Page 122
EXHIBIT 4CU
(Pricing)
BID FORM
Bidding Company's Name: Allied Universal Corporation
Address: 3901 NW 115 Ave Miami, FL 33178
Phone: (305) 888-2623
Email: Bids@Allieduniversal.com
To furnish and deliver all materials and to do and perform all work in accordance with the Contract
Documents for the Project entitled:
SOLICITATION NAME: Supply and Delivery of Sodium Hypochlorite
ITB No. 078-22
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 CITY
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.
This bid will remain open for thirty days after the day of Bid Opening.
A. BIDDER has examined copies of all the Contract Documents and of the following Addenda:
(if any addenda have been issued)
DATE: ADDENDA NUMBER:
[ l [ l
(receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Notice to
Contractors and the Instruction to Bidder.
B. 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, firm, 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 CITY.
C. BIDDER shall complete/famish the work/equipment for the following price. It is the CITY'S intent to
award a contract to the lowest, responsive, and responsible BIDDER.
ITB No. 078-22, Supply and Delivery of Sodium Hypochloritc Page 123
131D FORM
TOTAL BASE BID AMOUNT:
Item No.
Description
Unit
Estimated
Quantity
Unit Price
Total Offer
I.
Sodium Hypochlorite (NaOC1, Bleach) as
Gallon
82,000
specified herein
TANKER LOAD
$1.34
S 109,880.00
Manufacturer offered:
Allied Universal Corp.
2.
Sodium Hypochlorite (NaOC I, Bleach) as
Gallon
180,000
specified herein
Tanker load is 5,000 gallons (Split between
two of Plantation locations)
Manufacturer offered:
S1.36 _ _
$244,800.00
Allied Universal Corp.
I ne Ciry reserves the right to multi -award both item numbers.
Communications concerning this Bid shall be addressed to the address of BIDDER indicated below.
The undersigned also agrees as follows:
To do any extra work not covered by the foregoing Schedule of Price which may be ordered by the CITY,
and to accept as full compensation therefore, such prices may he agreed upon in writing by the CITY and
the BIDDER.
SUBMITTED ON10/5 20 2;
SIGNATURE, OF BIDDER:
PRINT NAME: Cristhianne Munguia
TITLE (if any): Bid Coordinator
ADDRESS: 3901 NW 115 Ave Miami, FL 33178
Incorporated under the laws of the State of Florida.
ITB No. 078-22; Supply and Delivery of Sodium Hypochlorite Page 124
EXHIBIT "D"
(Insurance Requirements)
INSURANCE REQUIREMENTS
Statement
Contractors shall not commence any work until they have obtained and satisfied the city's insurance
requirements under written contract with the city and such insurance has been approved by the City of Plantation
Risk Management Department. Contractors shall not allow any subcontractor to commence work until all
insurance requirements have been so obtained and approved. All insurance policies shall be with insurers
qualified and doing business in the State of Florida. All insurance companies shall have a Financial Rating of no
less than "A" and Class X respectively, in the latest edition of A.M. Best Rating Guide. The types and amounts
of insurance shall not be less than the amounts specified in this agreement.
Insurance
The required insurance coverages shall be written in accordance with the hazards and magnitude of the project,
but in no circumstances a lesser coverage amount, nor more restrictive than the limits of liability and schedule
of hazards described herein.
Contractors shall be responsible to purchase and maintain required insurance policies during the term of the
contract agreement. If the Contractor fails to procure and maintain such insurance, the City of Plantation shall
have the right, but not the obligation, to purchase and maintain said insurance for and in the name of the
Contractor, and the Contractor will pay the premium cost thereof and shall furnish all necessary information to
the city in order to make effective and maintain such insurance.
Additional Insured
Certificates of Insurance and insurance policies shall also be endorsed to name the City of Plantation "Additional
Insured" on the Commercial General Liability with the following or similar endorsements providing equal or
broader Additional Insured coverage, such as the basic CG2026 07 04 Additional Insured --Designated Person
or Organization endorsement, or the CG2010 10 01 Additional Insured -Owners Lessees, or Contractors
endorsement, or the CG2010 07 04 Owners, Lessees or Contractors endorsement, including the additional
endorsement of CG2037 10 01-Additional Insured- Owners, Leases have Contractors Operations endorsement.
Endorsements shall be required to provide back coverage for the contractors "Your Work" as defined in the
insurance policy and liability arising out of the products & completed operations hazard.
Commercial General Liability
Contractor will agree to maintain Commercial General Liability at a minimum limit of liability not less than
$1,000,000 Each Occurrence, and $2,000,000 Annual Aggregate unless the particular contract calls for specific
limits of insurance. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed
Operations, Contractual Liability or Cross Liability. When a self -insured retention (SIR) or deductible exceeds
$25,000, the City reserves the right, but not the obligation, to review and request a copy of Contractor's most
recent annual report or audited financial statement.
Business Automobile Liability
Contractor will agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000
Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event
Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto
Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate
Business Auto Liability policy.
Workers Compensation & Employers Liability
The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State
Statutes 440.
Umbrella Excess Liability
If required by contract will be no more restricted than the underlying insurance policies.
City of Plantation must be added and endorsed separately as additional insured on umbrella policies.
INSURANCE REQUIREMENTS
Professional Liability
If required by contract will be a minimum of 100.000.
Waiver of Subrogation
The Contractor will agree that each required policy will contain Waivers of Subrogation in favor the City of
Plantation. Should an insurance policy condition not permit Contractor to enter into a pre -loss agreement to
waive subrogation without an endorsement, then the Contractor will agree to notify the insurer and request the
policy be endorsed with a waiver of Transfer of Rights of Recovery against others, or its equivalent. This waiver
of subrogation shall not apply to any policy, which includes a condition specifically prohibiting such an
endorsement, or voids coverage should contractor enter into such an agreement on a pre -loss basis.
Certificate(s) of Insurance
The Contractor will agree to provide City a Certificate of Insurance evidencing that all coverage's, limits and
endorsements required herein are maintained and in full force and effect, and certificates of insurance shall
provide a minimum thirty (30) days to notify, when available by Contractors insurer. If the Contractor receives
a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives
notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the
City by fax within five (5) business days with a copy of the non -renewal or cancellation notice, or written
specifics as to which coverage is no longer in compliance. Certificates of Insurance shall be in the form as
approved by Insurance Standards Office (ISO) and such certificates shall clearly state all of the coverage's
required in this section.
INSURANCE
Commercial General Liability insurance will cover liability bodily injury and property damage. Exposures to
be covered are premises, operations, products/completed operations, and contracts. Coverage must be written
on an occurrence basis, with the following examples of insurance.
Schedule
Commercial General Liability
Blanket Contractual Liability
Independent Contractors
Products & Completed Operations
Blanket Contractual Liability
Automobile Liability
Any auto including Hired & Non -owned
Broad Form Property Damage
Blanket X,C,U Hazards
Workers' Compensation
Employers Liability
Disease Policy Limit
Bonds:
Limits
$1,000,000 Each Occurrence
$2,000,000 Each Occurrence
Premises -Operations
Personal /Advertising Injury
Independent Contractors
$1,000,000Combined Single Limit
$1,000,000 Each Occurrence
If required (Included)
Florida 440 Statutory Coverage
$1,000,000 Each Accident
$1,000,000
A surety bond maybe required equal to the value of the job to guarantee the work will be done per the
specifications on a timely basis.
INSURANCE REQUIREMENTS
A. Violation of the terms of this agreement and its subparts shall constitute a breach of the written
contract and so the city at its sole discretion, may cancel the contract and all rights, title and interest
of the contractor shall thereupon cease and terminate.
B. The City reserves the right to require or adjust any of the insurance coverage's it deems necessary
depending upon the company, the project and the potential hazard exposures.
C. The city requires being named "Additional Insured" on all certificates of insurance. Certificates of
Insurance can only be endorsed by an insurance agency or insurance company.
D. No work is to be performed pursuant to a mutually agreed upon written contract between the City of
Plantation and the Contractor. The city will have the right to amend such contract to conform to City
of Plantation guidelines for contract work.
E. The City requires a "thirty (30) day notice of cancellation" on all ccrti ficates of insurance.
F. The City requires a "wavier of subrogation" for all Workers Compensation Coverages
THE UNDERSIGNED CONTRACTOR HAS READ All THE FOREGOING REQUIREMENTS AND AGREES TO THE TERMS.
WITNESS CONTRACTOR
DATE
CITY OF PLANTATION
. �
Co►porare Qffice
3901 NW 115 Avenue
C
AAWEDVRA
Miami, 8-262a 331 78
305-888-1h23 once
CORPORATION
305-4h3-83h9fax
October 19, 2022
City of Clermont
Freddy L. Suarez
685 W. Montrose St.
Clermont, FL 34711
Re: Bid# ITB No. 078-22-0-2022/SG
Sodium Hypochlorite, Liquid
Dear Mr. Suarez:
Please use this letter as confirmation that Allied Universal Corporation will offer the City of Clermont a piggyback
agreement on City of Plantation, BID# ITB No. 078-22-0-2022/SG for Sodium Hypochlorite, with pricing listed
below.
Sodium Hypochlorite $1.36 (LTL)
Sodium Hypochlorite $1.34 (TL)
The term of this "piggyback" agreement is from November 1, 2022 to October 31, 2023 during which the City of
Clermont agrees to purchase from Allied Universal Corporation all the City of Clermont's Sodium Hypochlorite
requirements for:
Estimated volume 120,000 gallons.
If you agree with this offer along with the terms and conditions as stated on the original bid, and wish to be
included in this Bid contract please signify by signing this letter and returning by October 30, 2022 via email to
bidsO-a llied universal . com
We look forward to hearing from you.
Respectfully,
RSAL CORPORATION
Jim ricer, AUC President —CEO
cc: T. Koziatek , VP of Sales
R. Hansen, Sales Representative
S. Moros, Bid Coordinator
8350 NW 93 Street
Miami, Florida 33166
AUC - 305-888-2623
9501 Rangclinc Road
Ft. Pierce, Florida 34987
AUC - 772464-6195
CITY OF CLERMONT
DOCUSIonod by:
�-431F571)413554D8..
Title: Procurement Services Director
Date: 10/19/2022
5215 W.Tyson Avenue
Tampa. Florida 33611
CFI - 813-832-4868
30 Nell Gunn Drive 204 SCM Road 9545 Rangclinc Road
14770 Old Saint Augustine Road
Jacksonville, FL 32207
AUC - 904.619-6180
2815 Inland Transport St.