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