2016-60 AGREEMENT FOR
WATER&WASTEWATER TREATMENT CHEMICAL
THIS AGREEMENT, made and entered into this/3 day of cS' 6ef 2016,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and ALLIED UNIVERSAL CORPORATION, 3901
NW 115 Avenue, Miami, FL 33178 (hereinafter referred to as "CONTRACTOR").
WHEREAS, the Martin County throughthe public procurement process awarded an
agreement for chemicals for water & wastewater treatment, Martin County Number
RFB2014-2696;
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 Martin County Contract Number RFB2014-2696.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish services and materials as described in Martin County
Contract Bid number 2014-2696, which is attached hereto and incorporated herein as
Exhibit "A" and shall do everything required by this Agreement and the other Agreement
Documents contained in the specifications,which are a part of these Documents. Provided,
however, that nothing herein shall require CITY to purchase or acquire any items or
services from CONTRACTOR. To the extent of a conflict between this Agreement and
Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all
instances the CITY purchasing policy, resolutions and ordinances shall apply.
ARTICLE II - THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit 'A',
attached hereto and incorporated herein.
ARTICLE III-TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until July 2, 2017, unless terminated or renewed as provided
by Martin County.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: O.-without-
=eause
}-without-
=ease=ate fei=eoiwe ie -upon--thirty-(30)--days-Mtter--notice--to-
NOT IN RFB2014-2696
1
-C-0NTRA-C-TR-b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work,properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for three
(3) additional one(1) year terms.
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the •
CITY.
ARTICLE VI-DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
ARTICLE VII-INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
2
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all.of the latter's employees unless such employees are
covered by the protection afforded by the,CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
Satisfactory to the CITY,:for the protection of employees not otherwise protected.
2. CONTRACTOR's Public.Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b). Automobile Liability Coverages, $1;000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract;:insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy,as specified above.
4. Indemnification Rider
(a). To cover to the fullest extent permitted by law, the CONTRACTOR
shall" indemnify and hold harmless the CITY and its agents and
employees from and against all:claims,damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage,:_loss-or expense (1) is attributable to bodily injury, sickness,
disease or death;or to injury to or destruction of tangible property(other
than the Work itself) and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
3
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII -NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Allied Universal Corporation
3901 NW 115 Avenue
Miami, FL 33178
Contact: Cristhianne Minguia, Buyer
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
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.
4
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof,shall be deleted or modified in such a manner as to make the agreement
valid and enforceable under applicable law, the remainder of this agreement and
the application of such "a provision to other persons or circumstances shall be
unaffected, and this agreement shall be valid and enforceable to the fullest extent
permitted by applicable law.
4. Amendment. Except for as,otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, in whole or in part, without the prior written consent
of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this agreement shall.be Lake County, Florida.
8. Applicable-Law: This agreement and any amendments hereto are executed and
delivered'in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the,public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not.exceed,the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(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 CONSULTANT upon
termination of the contract and destroy any duplicate public records that are
5
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology
systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X - AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in Marion County Contract/Bid No. RFB 2014-2696.
IN WITNESS WHEREOF,� , the parties hereto have executed this Agreement on
this /3 day of S_f"","be.r , 2016.
City of Clermont
Gail L. Ash, Mayor
Attes .
Tracy Ackroyd, ity Clerk
•
6
Allied Universal Corporation
By Jim Palmer.
(NPrinted or Typed)
4
President - CEO
Title
Attest:
-Cerate-Sec = afy : Bid Coordinator
Cristhianne Munguia
(Name Printed or Typed)
7
t94 EXHIBIT A
.�cr„cf" 71
AGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR
GOODS AND SERVICES
THIS AGREEMENT,effective this 3rd day of July in the year,2014,between:
MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS,a political subdivision of the State of
Florida,(hereinafter COUNTY), located at 2401 S.E.Monterey Road, Stuart, FL 34996
AND the CONTRACTOR: Allied Universal Corporation
(hereinafter CONTRACTOR) 3901 NW 115 Avenue
Miami, FL 33178
Bid Name: Chemicals for Water&Wastewater Treatment
Liquid Sodium Hypochlorite(12%)
Caustic Soda(Sodium Hydroxide 25%)
Bid Number: RFB2014-2696
Term: Three(3)years plus two 1-year renewal options
Not to Exceed Amount: $5,500,000.00
RFB#2014-2696
Chemicals for Utilities
Page 1 of 9
WHEREAS, COUNTY has previously determined that is has a need for goods and/or services
more specifically outlined in the Request for Bids(RFB)and the Scope of Services; and
WHEREAS, COUNTY solicited competitive bids for such services pursuant to the Martin
County bid number referenced on Page 1 of this Agreement;and
WHEREAS,COUNTY awarded the Bid to CONTRACTOR;and
WHEREAS,CONTRACTOR has represented that it is able to satisfactorily provide the services
and or materials according to the terms and conditions of the RFB, which is incorporated herein by
reference,and the terms and conditions contained herein;and
NOW THEREFORE, in consideration of the above and mutual covenants contained herein,the parties
agree as follows:
1. Services to be Performed. The CONTRACTOR hereby agrees to provide the COUNTY
with goods and services, as requested and more specifically outlined in the Scope of Services attached
hereto and made a part hereof as Exhibit A, this Agreement and all subsequent official documents that
form the Contract Documents for this Agreement, including any additional contract terms contained
herein.
2. Time of Service. Services shall be performed in a timely manner, as specified in the
Request for Bid or as set forth herein.
3. Term of Agreement/Option of Renewal. This Agreement shall be in effect from the date
of execution and for the term indicated on Page 1 of this Agreement and any extensions thereof. This
Agreement may be renewed subject to execution of a written agreement between the COUNTY and
CONTRACTOR for up to 90 additional days. This option shall be exercised only if all prices,terms and
conditions remain the same,or decrease.
4. Amendment of the Agreement. This Agreement may be amended only by mutual written
agreement signed by the parties. No statement, representations, warranties, either written or oral, from
whatever source arising, except as expressly stated in this Agreement, shall have any legal validity
between the parties or is binding upon any of them. The partiesacknowledge that this agreement
contains the entire understanding and agreement of the parties. No modifications hereof shall be
effective unless made in writing and executed by the parties hereto with the same formalities as this
Agreement is executed.
5. Assianment/Subcontracting. The CONTRACTOR shall perform all services and provide
all goods and equipment required by this Agreement. No assignment or subcontracting shall be allowed
without the prior written consent of the COUNTY. In the event of a corporate acquisition and/or
merger, the CONTRACTOR shall provide written notice to the COUNTY within thirty (30) business
days of CONTRACTOR'S notice of such action or upon the occurrence of said action,whichever occurs
first. The right to terminate this Agreement, which shall not be unreasonably exercised by the
COUNTY, shall include, but not be limited to, instances in which a corporate acquisition and/or merger
represent a conflict of interest or are contrary to any local, state or federal laws. Action by the
COUNTY awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its
response to the RFB,without exception shall constitute approval for purpose of this Agreement.
RFB#2014-2696
Chemicals for Utilities
Page 2 of 9
6. Termination/Default. COUNTY shall notify CONTRACTOR of any failure to comply
with any requirement in the Scope of Work and shall notify CONTRACTOR in writing of such
failure/default. CONTRACTOR shall correct such failure/default within five (5) working days.
COUNTY shall have the right to terminate this Agreement if such correction is not made within the time
specified above. COUNTY reserves the right to cancel this Agreement, without cause, by giving thirty
(30) days prior written notice to the CONTRACTOR of the intention to terminate. Failure of the
CONTRACTOR to comply with any of the provisions of this Agreement shall be considered a material
breach of Agreement and shall be cause for immediate termination of the Agreement at the sole
discretion of the COUNTY.
7. Compensation. COUNTY shall pay CONTRACTOR upon CONTRACTOR'S completion
of, and COUNTY'S acceptance of, the services required herein, in the amounts specified in the Price
Schedule attached hereto and made a part hereof as Exhibit B. Prices shall remain firm for the duration
of the contract and any renewals or extensions.
8. Permit/ Licenses. CONTRACTOR must secure and maintain any and all permits and
licenses required to complete this Agreement.
9. Audit. The CONTRACTOR shall retain all public records relating to this Agreement for a
period of at least three (3) years after final payment is made. All records shall be kept in such a way as
will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, COUNTY reserves
the right to have access to such records as required in this section for the purpose of inspection or audit
during normal business hours, at the COUNTY'S cost, upon five (5) days prior written notice. Public
records include all documents,papers, letters, maps, books,tapes, photographs, films,sound recordings,
data processing software, or other material, regardless of the physical form,characteristics,or means of
transmission, made or received pursuant to law or ordinance or in connection with the transaction of
official business between the COUNTY and the CONTRACTOR.
10. Minimum Insurance Requirement. The CONTRACTOR must maintain insurance in at
least the amounts required throughout the term of this Agreement or any renewals or extensions. The
CONTRACTOR must provide a Certificate of Insurance in accordance with the Insurance Requirements
and as set forth herein naming the COUNTY as an additional named insured evidencing such coverage
prior to issuance of a purchase order or commencement of any work under this Agreement.
a. Loss Deductible Clause: The COUNTY shall be exempt from, and in no way liable for,
any sums of money which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the Contractor and/or
subcontractor providing such insurance.
b. Worker's Compensation Insurance: The Contractor shall take out and maintain during
the life of this Agreement, Worker's Compensation Insurance for all of 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 latter's employees unless such employees are covered by the protection afforded
by the Contractor. Such insurance shall comply fully with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work under
this contract at the site of the project is not protected under the Worker's Compensation
statute, the Contractor shall provide, and cause each subcontractor to provide adequate
insurance, satisfactory to the COUNTY for the protection of its employees not otherwise
RFB#2014-2696
Chemicals for Utilities
Page 3 of 9
protected. Coverage to include Employers Liability $100,000 each accident, $100,000
each Disease/Employee and$500,000 each Disease/Maximum.
c. Commercial Automobile Liability Insurance: The Contractor shall take out and maintain
during the life of this agreement Comprehensive Automobile Liability Insurance for
"Any Auto" (owned, hired and non owned) for a minimum of $1,000,000 Combined
Single Limit.
d. Commercial General Liability Insurance: The Contractor shall take out and maintain
during the life of this agreement Commercial General Liability insurance Including
coverage for bodily injury, property damage, personal/advertising injury and
products/completed operations for negligent acts which may arise from operations under
this Agreement whether such operations are alone or by anyone directly or indirectly
employed by it. The policy should include Contractual Liability to cover the hold
harmless and indemnity provision as set forth in this agreement. A per project limit of
liability is required. The amounts of such insurance shall be the minimum limit as
follows:
Each Occurance- $1,000,000
Personal/Advertising Injury - $1,000,000
Products/Completed Operations Aggregate- $2,000,000
General Aggregate- $2,000,000
Fire Damage - $100,000 and 1 fire
Medical Expense- $10,000 any 1 person
e. Commercial Automobile and General Liability Insurance: The Contractor shall require
each of its subcontractors to procure and maintain during the life of this subcontract,
insurance of the type specified above or insure the activities of his subcontractors in its
policy,as specified above.
1I. Indemnification. CONTRACTOR shall indemnify, pay the cost of defense, including
attorneys' fees, and hold harmless the COUNTY from all suits, actions or claims of any character
brought on account of any injuries or damages received or sustained by any person, person or property
by or fromthe said CONTRACTOR; or by, or in consequence of any neglect in safeguarding the work;
or by the use of unacceptable materials in the construction of improvements;or on account of any act or
omission, neglect or misconduct of the said CONTRACTOR; or by, or on account of, any claim or
amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance,
order or decree,except only such injury or damage as shall have been occasioned by the sole negligence
of the COUNTY. The first ten dollars ($10.00) of compensation received by the CONTRACTOR
represents specific consideration for this indemnification obligation.
12. Governing Law. The laws of the State of Florida shall govern this Agreement.
13. Independent Contractor Status and Compliance with the Immigration Reform and
Control Act of 1986. The CONTRACTOR is and shall remain an independent contractor and is neither
agent, employee, partner nor joint venture of COUNTY. CONTRACTOR acknowledges that it is
responsible for complying with the provisions of the Immigration Reform and Control act of 1986
located at 8 U.S.C. 1324, et. Seq.,and regulations relating thereto, as either may be amended from time
to time. Failure to comply with the above provisions shall be considered a material breach and shall be
grounds for immediate termination of the Agreement,at the discretion of COUNTY.
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Chemicals for Utilities
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14. Severability. The terms and conditions of this Agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such
determination shall not affect the validity or legality of the,remaining terms and conditions, and
notwithstanding any such determination,this Agreement shall continue in full force and effect unless the
particular clause,term,or condition held to be illegal or void renders the balance of the Agreement to be
impossible or performance.
15. Conflict of Interest. CONTRACTOR.represents that it has no interest and shall acquire no
interest(s), which conflict in any manner with the performance of services required hereunder, as
provided for in Chapter 112, Part p111, of the Florida Statutes, CONTRACTOR further represents that
no person having any interest shall be employed for said performance. CONTRACTOR shall notify
COUNTY in-writing.b y certified mail of all potential conflicts of interest for any prospective business
association, interest or other circumstance which may influence or appear to influence
CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification
shall identify the prospective business-association, interest or circumstance, the nature of work that
may CONTRACTORUndertake and' request�an opinion from COUNTY, the prospective business
p p
association, interest or circumstance would not constitute a conflict of interest by CONTRACTOR,
COUNTY shall so,state n the notification and CONTRACTOR shall, at its option, enter into said
association, interest or circumstance and itshall be deemed notin conflict with respect to services
provided to COUNTY by CONTRACTOR under the terms of this Agreement.
16. Documents Comprising Agreement. The Agreement documents shall include this
Agreement as well as the following documents,which are incorporated herein by reference.
a. Martin County's Request for Bid and all of its addenda and attachments which are part of
the RFB set forth above.
b. Contractor's Certificate of Insurance required in.the Request for Bid;
c.. Contractor's response to the RFB or soliciting document.
17. Payment. Martin County, in its sole discretion, will determine the method of payment
for goods and/or services as part of this agreement based upon the CONTRACTOR'S response to the
RFB. Payment Methods include:
a. : Traditional-payment by check;wire transfer or other cash equivalent.
b. Standard payment by purchasing card, Martin County's Purchasing Card Program is
'supported,by standard bank credit suppliers(i.e. VISA and MasterCard),and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
18. Dispute Resolution.
18.1 As a condition precedent to the filing of any legal proceedings, the parties shall
endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be
initiated by any party by serving a written request for same on the other party. The party shall, by
mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the
parties cannot agree on the selection of a mediator then the COUNTY shall select the mediator, who, if
selected solely by the COUNTY, shall be a mediator certified by the Supreme Court of Florida. The
mediator's fee shall be paid in equal shares by each party to the mediator.
RFB#2014-2696
Chemicals for Utilities
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18.2 Attorney's Fees. The parties expressly agree that each party will bear its own
attorney's fees incurred in connection with this Agreement.
18.3 Venue. This Agreement and the terms hereof shall be construed in accordance
with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall
lie in Martin County,Florida.
18.4 Non-jury trial. The parties expressly and specifically hereby waive the right to a
jury trial as to any issue in any way connected with this Agreement.
18.5 The parties expressly and specifically hereby waive all tort claims and limit their
remedies to breach of contract as to any issue in any way connected with this Agreement.
If there is a conflict between the terms of this Agreement and the above referenced documents,then the
conflict shall resolved as follows: the terms of this Agreement shall prevail over the other documents,
and the terms of the remaining documents shall be given preference in their above listed order.
IN WITNESS WHEREOF,the COUNTY and the CONTRACTOR have executed this Agreement as of
the date first above written.
REVIEWED BY BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY,FLORIDA
John Poll Qr3rnKa
7- --J'/
Utilities& este Director County Administrator
ALLIED UNIVERSAL CORP. APPROVED AS TO FORM AND
CORRECTNESS BY COUNTY ATTORNEY
f
Catherine Guillslrii�4 �
Executive Administrator
NOTARY FOR THE CONTRACTOR
State of FLORIDA
County of UW":
The foregoing instrument was acknowledged before me this 20 day of June ,2014,by ,to me
known to be the person who signed the foregoing instrument or produced as identification.
personally known
WSS my hand and official seal this 20 day of June ,20 1 4
Okao4u30 140,U,66(4
Notary. Public — — — :.4 -
t ca+""'.'+a,, TAWANA HOUSTON
S' `� 4 e Notary Public-State of Florida A
My Comm.Expires Jun 12,2015 RF$#t2014-2696
' , +,�'` Commission 0 EE 94462 r Chemicals for Utilities
Page 6 of 9 t `''• �1�" B000111/outh Notional wary Aasn.
EXHIBIT A
SCOPE OF WORK
Includes, but is not limited to all labor,materials and services necessary to deliver specified water and
wastewater treatment chemicals for the Utilities Department on an as needed basis. Quantities listed are
approximate annual usage.
MSDS sheets shall be required to be submitted for all chemicals prior to delivery.
Upon request,the vendor shall provide safety training on chemical product annually at County sites.
Bid prices shall be delivered FOB destination to the following locations. Extra fees for delivery shall
not be charged. Delivery addresses are as follows.
North Water& Wastewater Plant
3100 NW Hillman Drive
Jensen Beach,Fl 34957
Tropical Farms Water& Wastewater Plant
8595 SW Kansas Avenue
Stuart,Fl 34997
The following is a listing of the chemicals requested,physical data,annual use projection and the
individual shipment quantities.
Commodity Physical Annual Individual Price
Description Data Approx Shipment
_ Use Quantities
Liquid Sodium density 1.10-1.30 985,000 tank truck $0.534/gal
Hypochlorite SpG(10%) 1.163 (12%) 1.202 gals. 5,000
(12%) color(green-yellow liquid) gal/delivery
Caustic Soda LIQUID REACTIVE HAZARD 75,000 tank truck $0.807/gal
(Sodium boiling point: 116 C @ 760mm Hg gals. 5,000
Hydroxide) freezing point: -16 C @ 760mm gal/delivery
25% Hg
SpG:(15.6 C): 1.275
completely soluble in water
odorless
The Term of the Contract shall be for a period of three(3) years provided both parties are in agreement
and there are no changes to the terms and conditions. Price escalations will be considered at the end of
each year and must be documented with written verifications of industry price increases. The County
shall reserve the right to terminate the Contract in accordance with the provisions under the Terms &
Conditions herein. The contract may be extended for two additional 1-year terms, if needed, for a total
maximum term of five years. The awardee agrees to this condition by signing their bid.
Martin County will not be held to any minimum/maximum quantities or dollars during the term of
Contract.
RFB#2014-2696
Chemicals for Utilities
Page 7 of 9
EXHIBIT B D ORIGINAL
RFB#2014-2696
CHEMICALS FOR WATER&WASTEWATER TREATMENT
Description Unit Annual Usage Unit Price Total Bid
Liquid Sodium Hypochlorite 112%) GAL 985000 St 0.534Jgal $525.990:0Q
Anhydrous Ammonia GAL 8000 NO BID $ -
Quicklime LB 100000 NO BID $ -
Permatreat PC-191T GAL 7000 NO BID $ -
BioRem Mytilus Nutrients LB 200 _ NO BID $ 350
Nalclear 8173 Pulv LB 200 NO BID $ - _gal
Caustic Soda (Sodium Hydroxide 50%) GAL 75000 $1.798/gal $ 134.850:00 mi
Caustic Soda(Sodium Hydroxide 25%) GAL 75000 $0.84/gal $ 63,000.00 400
Sulfuric Acid GAL 225000 NO BSD $ - gal
AWCA-111 UL GAL 2000 NO BID
$ - min
Total Bid $0.00
INSTRUCTIONS
Submit one original and one copy of all required bid forms.
Bids must be received no later than the date and time stated in the Advertisement. Bids received after that
time &date will not be considered.
BID SIGNATURE SECTION
This form must be returned with bid. Bids in any other format will not be accepted.
Allied Universal Corporation 305-888-2623
Company Name Telephone
Catherine Guillarmod 305-463-8369
Name Fax
Executive Administrator 59 0776285
Title Federal Employer ID#
3901 NW 115 Ave cathieg@alliecduniversal.com
Street Address E-mail Address
Miami, FL 33178 _,J
City, State, Zip Authorized Sign f?e
Page 8 of 9 Bid Form
Page 1 of 1
Nicole Carey
From: Cathie Guillarmod ccathieg@allieduniversaLcom>
Sent: Tuesday,May 13,2014 10:52 AM
To: Nicole Carey
Subject: Re:Bid for Chemicals
Yes, we will match the price of$.807/gallon.
Thanks
On Tue,May 13,2014 at 10:26 AM,Nicole Carey<ncarey@martin.fl.us>wrote:
You submitted a bid for caustic soda(25%),RFB#2014-2696,that is within 5%of a non-local vendor. In
accordance with Martin County's Local Vendor Preference Ordinance,you have the opportunity to match that
vendor's unit price of.807¢.per gallon.
Please respond as to whether or not you are willing to match the bid no later than 5:00 PM on May 20,
2014. Thanks..
Nicole Carey
Purchasing Manager
Martin County Board of County Commissioners
2401 SE Monterey Road
Stuart, FL 34996
772-288-5481
&mei-
etseMees a
"The continents anti opinions expressed herein are those of tha authorof:hk message and nig not reflect the policies(lite dfnrtln County Board of Conan,Coiwnissfoners.
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