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Contract 2021-092ADocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4DO #2021-092-A AGREEMENT NO.2021-092 FOR SODIUM HYPOCHLORITE THIS AGREEMENT, is made and entered into this 14 day of December 2021, 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, whose address is: 3901 NW 115 Avenue Miami, Florida 33178, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Plantation through the public procurement process awarded an Agreement for Sodium Hypochlorite, City of Plantation Contract Number ITB No. 088- 21; 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 No. 088-21; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1— SCOPE OF WORK The CONTRACTOR shall furnish Sodium Hypochlorite as described in the City of Plantation Contract Number ITB No. 088-21, 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. ARTICLE 2 — 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 3 — TERM AND TERMINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until October 19, 2022 unless terminated or renewed by City of DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Plantation. 3.2. 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 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. ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK 4.1. The CONTRACTOR shall only provide to CITY 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 ITB No. 088-21 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. 4.2. 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. 4.3. 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. 4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 ARTICLE 5 — 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. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. 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 parry. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3 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 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: DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 (a) CONTRACTOR's Commercial General Liability, $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. 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. 4 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD 1 DE 1 84A4DO ARTICLE 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. CONTRACTOR: Allied Universal Corporation 3901 NW 115 Avenue Miami, FL 33178 Attn: Jim Palmer, AUC President -CEO OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 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 A ree�ment — 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. DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1 DE184A4DO 9.6. 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. 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. R DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in the City of Plantation Contract Number ITB No. 088- 21. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 14 day of December 2021. CITY OF CLERMONT Tim Murry, Mayor 7 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 ALLIED UNIVERSAL CORPORATION �Dd by:lmer By: (Signature) Print Name: J i m Palmer Title: President/CEO Date:12/13/2021 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4DOL�HIBIT A Corporate Office 3901 NW 115 Avenue AAWIVERSAL Miami, Florida 33178 305-888-2623 office CORPORATION 305-463-8369 ./bx October 12. 2021 City of Clermont Freddy L. Suarez 685 W. Montrose St. Clermont, FL 34711 Re: Bid# ITB No. 088-21 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. 088-21 for Sodium Hypochlorite, with pricing listed below. Sodium Hypochlorlte $0.78 (LTL) Sodium Hypochlorite $0.768 (TL) The term of this "piggyback" agreement is from October 20, 2021 to October 19, 2022 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 19, 2021 via email to bids: a: allied un iversal,com We look forward to hearing from you. Respectfully, ALLIED U =RSAL CORPORATION Jim Pal AUC President — CEO cc: Fernandez, VP of Sales R. Hansen, Sales Representative S. Moros, Bid Coordinator 8350 NW 93 Street Miami, Florida 33166 AUC - 305-888-2623 30 Neil Gunn Drive 9501 Rangclinc Road Ft. Pierce, Florida 34987 AUC - 772-464-6195 204 SCM Road CITY OF CLERMONT Title: Date: 5215 W. Tyson Avenue Tampa, Florida 33611 CFI - 813-832-4868 9545 Rangclinc Road 14770 Old Saint Augustine Road Jacksonville, FL 32207 AUC - 904-619-6180 2815 Inland Transport St. DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 CITY OF PLANTATION Plantation he grass is greener AGREEMENT THE CITY OF PLANTATION AND ALLIED UNIVERSAL CORP For PURCHASE AND DELIVERY OF SODIUM HYPOCHLORITE ITB No. 088-21 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT Agreement By and Between City of Plantation Allied Universal Corp. for Purchase and Delivery of Sodium Hypochlorite IAgreement No. 088-21 1 • PARTIES AND DATE. This Agreement ("Agreement") is made and entered into this - day of V0VtK 2021 by and between the CITY OF PLANTATION, a Florida Municipal C of business at 400 NW 73 AVENUE PLANTATION FL 33317 oiporation with �M ALLIED NI place CORP, a Florida Profit Corporation with its principal place of busin ss at 01 NWi115 Aenue Miami, Florida 33178 ("Contractor"). City and Contractor are sometimes individually referred to as 1p"Party" and collectively as "Parties" in this Agreement. 2. RECITALS. IN2.1 Contractor. The Contractor shall timely furnish and deliver the required commodity to the Cias set .. forth in the terms and conditions in this A ty in providing Sodium H Agreement. The Contractor represents that it is experienced ypochlorite 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 furnish and deliver sodium er loads (5,000 gallons). The Contractor represents and warrants that it is able yto satisfacto111 rily to provide the service according to the Scope of Services, which are incorporated herein by reference as Exhibit "A". The following Exhibits referenced herein are hereby incorporated into this Agreement - E xhibit "A" Scope of Services, Exhibit `B" Front -End Solicitation Documents Exhibit Insurance Requirements, Exhibit D» documentation required by the City submitted by"the q Contractor during the solicitation period prior to Notice of Award, Exhibit "E" Notice of Award. 2.3 Procurement The City of Plantation ele ctronically advertised an "Invitation to Bid" (ITB) for the purchase luand delivery of sodium hypochlorite. The City of Plantation received two 2 bid responses perform/provide the aforementioned work/produ t/commoty from Contractors stating they can The City of Plantation found Allied Universal Corporation lowest le bidder and presented the recommendation of approval tothe Cityy Council for executionofban agreement. �� (00427323.6 2007.0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT The City of Plantation City Council approved the execution of an agreement for the purchase and delivery of sodium hypochlorite with Consent Agenda Item No. 15 on October 6, 2021. 3. TERMS. 3.1 Term. A• The initial agreement period shall be for one 1 year, November 1, 2021 and expiring on October 31, 2022. In addition, the C ty reserves them right to extend this Agreement for four (4) additional one 1 ) year renewal periods, provied 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• Pa ment. Payment for work shall be authorized upon completion of all work specified in "Scope of Services" of this specification. Invoices will be 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 the supply and delivery of sodium hypochlorite, the Contractor shall have received $0.78/gal FOB destination (City of Plantation Regional Wastewater Treatment Plant) and $0.768/gal FOB destination (City of Plantation East Water Treatment Plant and Central Water Treatment Plant). C. Control and Pa men+ of Subordinates Inde endent 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 Pa ment 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 the Project. (00427323.6 2007-0000000} ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4DO AGREEMENT 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. E 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. K 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. (00427323.6 2007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT K Laws and Regulations, Em to ee/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 Employ 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 "C". 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 "C". Ni Safety. 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 (00427323.6 2007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-ADiDE184A4D0 AGREEMENT business hours 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 Confidentiali . A. Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense (00427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1 DE184A4DO AGREEMENT 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. C. 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 (00427323.6 2007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 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: Cristhianne Mungia (Bid Coordinator) 3901 NW 115 Avenue Miami, Florida 33178 Email: bids@allieduniversal.com Mayor Lynn Stoner 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. Sco e of Indemnity. To the fullest extent permitted by law, f00427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 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 attorney'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 (00427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT in subsection 3.61). 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 Parry 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. Ci 's Right to Eml2loy Other Contractors. City reserves right employ other contractors in connection with this Project. Successors and Assigns. G. 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 (00427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 AGREEMENT construed simply, according to its fair meaning, and not strictly for or against any Party. Any term 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. J. 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 parry 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, Severabilil. 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. O. 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. (00427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-l308C-AD1DE184A4D0 AGREEMENT P. Convicted Vendor List. Contractor represents to City that it is not a person 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. SCRUTINIZED COMPANY CERTIFICATION Section 287.135, Florida Statutes, as amended, prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, Contractor is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Cuba or Syria. The boycott Israel list is created pursuant to 215.4725, Florida Statutes, as amended, and the Sudan and Iran lists are created pursuant to Section 215.473, Florida Statutes, as amended. As the person authorized to sign on behalf of Contractor, I hereby certify that the company is not participating in a boycott of Israel, on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria. I understand and agree that pursuant to Section 287.135, Florida Statutes, as amended, 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 (00427323.6 2007-00W000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT of the City. In addition, Contractor may be subject to civil penalties, attorney's fees, and/or costs. The scrutinized company list is maintained by the State Board of Administration and available at hqp://www.sbafla.com/. 5. COOPERATION WITH BROWARD COUNTY OFFICE OF INSPECTOR GENERAL (OIG) 5.1 The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts are performed and how 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 Company's written material, agreement documentation, and financial records that may relate to the formulation, execution, and performance of this Agreement. Contractor acknowledges and agrees that whatever work or effort is expended by Company in interfacing with the OIG is part of the administrative or overhead or base costs of the services provided by Contractor to the Agency, and shall never be a basis for claiming extra or additional compensation under this Agreement, or for requesting a change order. 5.2 Contractor's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the Agency claiming Contractor is in default, and may, if not timely cured, allow the Agency to terminate this Agreement for cause. Unless Contractor is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General, Contractor shall advise Agency, in writing and in the same manner as Contractor gives the Agency formal notice under this Agreement, each instance, if ever, that Contractor is contacted by the OIG, and shall supply the Agency with information necessary to allow the Agency to ensure that Contractor is fully performing the requirements of this paragraph. 6. PUBLIC RECORDS 6.1 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 100427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT 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 of public records, in a format 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 terminate this Agreement. 6.2 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 abemerowAplantation.m 7. E-Verify 7.1 Definitions: A. "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 contractor. B. "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. C. "B-Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 7.2 Registration Requirement; Termination Effective January 1, 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 E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the Term; and B All persons (including subvendors/subcontractors/subcontractors) assigned by Contractor to perform work pursuant to this Agreement. The Contractor 100427323.62007-0000000) ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 AGREEMENT acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the Term is a condition of this Agreement; 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 this Agreement. Failure to comply will lead to termination of this Agreement, 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 Agreement under this Section is not a breach of contract and may not be considered as such. If this Agreement 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. THIS SECTION WAS INTENTIONALLY LEFT BLANK 100427323.62007-00000001 ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite sign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 u ■ a ■ e 4 IN WITNESS WHEREOF, CITY OF PLANTATION AND ALLIED UNIVERSAL CORP have signed this Agreement in duplicate. One counterpart each has been delivered to the City and Contractor. Attest: � Apri eggerow, City' erk CITY OF PLANTATION 0 As to legal form: As to Procurement: STATE OF FLORIDA COUNTY OF 13ROWARD THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 22) day of vQ,�+(} �W2021, by Lynn Stoner, as Mayor of the CitN• ofPlantation, a Florida municipal corporation, on behalf of the municipal corporation. 'She is sonalIy known to m — — _ as identification. or has produced My commission expires: 031 Z$1 2-J Signed, Seale PNVen f• ��RIDA Typed name of Witness STATE OF FLORIDA —SjpaNOTARY P ice" °�`' PAMELA PONCE DE AEON :+P,�,y Notary Public • State of Florida �' Commission 3 HH tOb432 My Comm. Expires Mar 2E, 2025 Boreed through National Notary Assn. Allied Universal Corporation. a Florida Corporation By 91m&er, President The fore tng instruments was racnnowledged before me by means of Physical notarization, this date) by Jim Palmer X P Y ical presence or ❑ online Corproration, on behalf of the corporation. They are Personally ]reknown fto11 e oried lvwho ersal hams produced (type of identification) as identification. My commission expires: m ATABEIRAPIEDRA #' Pub • State of Florida NOTARY PUBLIC ij� Commisslon P HH 045013 Fk.• MY Comm. Expires Sep Z% 2024 li f00427323.6 2007-00000001 Bonded through National N otary Assn. DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4DO e EXHIBIT "A" (Scope of Services) DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 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 fflypochlorite 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. 088-21; Supply and Delivery of Sodium Hypochlorite Page 113 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 SCOPE OF SERVICES • 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.powelifab.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 Nozzle 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). Delivga 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. 088-21; Supply and Delivery of Sodium Hypochlorite Page 114 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 SCOPE OF SERVICES Item No. 2- Tanker load is 5,000 gallons (Split between two City of Plantation locations) CLEAN TANK GUARANTEE: 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 ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 115 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 EXHIBIT "B" (Front -End Solicitation Documents) DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 1. Defined Terms: The following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1 BIDDER: One who submits a Bid directly to CITY, as distinct from a sub -Bidder, who submits a bid to a BIDDER 1.2 CITY REP: City of Plantation, Procurement Administrator 1.3 CITY: The City of Plantation, a Florida municipal corporation 1.4 CONTRACTOR: The BIDDER with whom CITY enters into a Contract for the Work. 1.5 The words `proposal" and "bid" for this proposal are considered interchangeable. 2. Copies of Bidding Documents: 2.1 Complete sets of the Solicitation Documents shall be obtained electronically from the Demand Star website htts://www.demandstar.com/a ?)/aLencies/florida/citr - of- lantation- rocurement-division/iocurement-o ortunities/9b6d13fb-3874- 4291-9605-81cf63387a40/ 2.2 Complete sets of Bid Documents shall be used in preparing Bids, neither CITY nor the CITY REP that prepared or assisted in the preparation of the Bid Documents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. Qualifications of Bidders: No bid will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said CITY, or who is deemed irresponsible or unreliable by CITY. The CITY shall have no liability to any Successful BIDDER unless and until the CITY executes a contract with such Successful BIDDER. CITY shall also have the right, unless prohibited by law, to meet with one or more BIDDER after bids are opened to ensure that all CITY's expectations with respect to performance can be met and that the requirements and scope of the Contract Work are clearly understood. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 15 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 4. Examination of Bid Documents and Site: 4.1 Before submitting a Bid, each BIDDER(s) must (a) examine the Bid Documents thoroughly; (b) visit the site to familiarize themselves with local conditions that may in any manner affect performance, cost, progress or furnishing of the Work as required by the solicitation; (c) familiarize themselves with Federal, State, and local laws, ordinances, Florida Building Code or other applicable construction codes, rules and regulations affecting the performance, cost, progress, or furnishing of the Work; (d) study and carefully correlate their observations with the requirements of Contract Documents, and (e) notify CITY REP of all conflicts, errors or discrepancies in the Contract Documents. 4.2 BIDDERS should also note any references made to the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance, cost, progress or furnishing of the Work which have been relied upon by CITY REP in preparing the Drawings and Specifications, if any. CITY will make copies of such surveys and reports, which are not bound into these documents, available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the BIDDER that they have complied with every requirement of this Article 4 and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4.4 Any information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY and CITY REP by owners of such Underground Facilities or others, and neither CITY nor CITY REP assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in SUPPLEMENTARY CONDITIONS. 4.5 SUPPLEMENTARY CONDITIONS, if any, may identify for limited reliance by the CONTRACTOR certain specified technical data. These (as well as other documents) should be reviewed. 4.6 Before submitting a Bid, each BIDDER will, at its own expense, make or obtain any additional examinations, investigations, explorations, surveys, tests and studies and obtain any additional information or data which pertains to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which BIDDER deems necessary to determine their Bid price for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Bid Documents. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 16 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 4.7 On request in advance, CITY will provide each BIDDER access to the site to conduct explorations and tests as each BIDDER deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the Work is to be performed, and the right-of-ways and easements for access thereto and other lands designated for use in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or construction operations are to be provided by the CONTRACTOR. 5. Interpretations and Addenda: All questions about the meaning or intent of the Bid Documents shall be submitted to CITY REP in writing. Interpretations or clarifications considered necessary by CITY REP in response to such questions will be issued by Addenda and posted to the Demand Star website by CITY' S Procurement Department. Questions received less than ten 10 du s prior to the date for o enin of Bids will be answered at the option of the CITY. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. In the event of conflict between the Notice to Bidders and the terms written within the Scope of Services and/or Specifications contained within Bid documents, the terms within the Scope of Services and/or Specifications shall control. 6. Subcontractors. Suppliers and Others: 6.1 CITY requires the identity of major Subcontractors working on the project and Suppliers of unique material or products to be submitted to CITY in advance of the Notice of Award the apparent Successful BIDDER. Any other BIDDER requested by City in writing will, within seven (7) calendar days, submit to CITY a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for portions of this Project. An experience statement shall accompany such list with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, Supplier, person and organization. 6.2 If CITY or CITY REP after due investigation has reasonable objection any proposed Subcontractor, Supplier or other person or organization, may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, CITY may award the contract to the next lowest BIDDER whose bid is determined to be the most advantageous to the CITY taking into consideration the evaluation factors and criteria set forth in the INVITATION TO BID or the code if none are provided in the INVITATION ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 17 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 TO BID that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The BIDDER declining to make requested substitutions would not constitute grounds for sacrificing the Bid Security of any BIDDER. 6.3 No BIDDER shall be required to employ any Subcontractor, other person or organization against whom BIDDER has reasonable objection. 7. Bid Form: 7.1 The Bid Form is included with the Solicitation Documents. 7.2 All blanks on the Bid Forms must be completed in ink or be typed. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence. Whiteout of prices or words and numerals on Bid Form is not permitted. 7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign). The corporate seal must be affixed and attested by the secretary or an assistant secretary or notarized by a licensed Notary together with a corporate Resolution authorizing the submittal of the bid. The corporate address and state of incorporation must be shown below the signature. 7.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.5 All names must be typed or printed below the signature. The signer shall date all signatures. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 7.7 The address and telephone number for communications regarding the Bid must be shown. 8. SUBMISSION OF BIDS: 8.1 Bids shall be submitted before the time and at the place indicated in the Notice to Bidders. 8.2 All Bids will be received electronically via the Demand Star website. Bid Documents may be obtained electronically at: ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 18 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4DO INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 https://www.demandstar.-com/app/ap,encies/florida/cit', -of- lantation- rocurement-division/ rocurement-o .ortunities/9b6d13fb-3874-4291-9605- 81 cf63387a40/. Bids will not be considered and cannot be entered online after the above referenced date. 8.3 More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any BIDDERS is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidders is interested. If there are reasonable grounds for believing that collusion exists among the BIDDER, the Bids of participants in such collusion will not be considered. 9. Modification and Withdrawal of Bids: 9.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 9.2 If within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Bid Documents. 10. Opening of Bids: Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. 11. Bids to Remain Subject to Acceptance: 11.1 All bids MAY remain subject to acceptance for sixty (60) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return any Bid security prior to that date. 11.2 Extension of time when Bids shall remain open beyond the original period maybe made only by mutual agreement between CITY, the Successful BIDDER, and the surety, if any, for the Successful BIDDER. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 19 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 12. Award of Contract: 12.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities, incompleteness, or irregularities not involving price, time or material changes in the Work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, incomplete, irregular, or conditional Bids. Also, CITY reserves the right to reject the Bid of any BIDDER if CITY believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.2 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any BIDDER and to establish the responsibility, reputation, work load, qualifications and financial ability of BIDDER, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 12.3 The CITY shall not be obligated to any BIDDER to enter into a contract with the BIDDER despite the CITY governing body prospectively awarding the contract 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 for the project with the Bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, 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. By bidding on this project, all BIDDERS acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that Bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 12.4 If the contract is to be awarded, CITY will give the Successful BIDDER a Notice of Award. 12.5 Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in Article 19 of this Document. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 110 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 13. Taxes: The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 14. Insurance Requirements: All Bond and Insurance requirements are described in a separate document included with this solicitation (if applicable). 15.Equal Employment 012]2ortunity Clause City of Plantation, Florida, in accordance with the provisions of Title VII of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all BIDERS that it will ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the ground of race, color or national origin in consideration for an award. 16. Regulations Violation of any local, state or federal law in the performance of this Contract shall constitute a material breach of this Contract. 17. Fiscal Non -Funding Clause In the event sufficient funds are not budgeted for a new fiscal period, the CITY shall notify the successful BIDDER of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the CITY. 18. Amendment The awarded BIDDER understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into the Contract. 19. Assignment The awarded BIDDER shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the CITY except that claims for the money due or to become due the awarded BIDDER from the CITY under this Contract may be assigned to a financial institution or to a trustee in Bankruptcy without such ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 111 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-2I approval from the CITY. Notice of such transfer or assignment due to Bankruptcy shall be promptly given to the CITY. 20. Cone of Silence: Once the Solicitation has been issued, a Cone of Silence will be implemented. At that time communication with the CITY is limited to George Barber, Procurement Administrator (email address: Gbarbevit _lp antation.org). During the solicitation advertising, review and evaluation process no person shall make any private or separate delivery of marketing information concerning any BIDDER to any elected officers of the CITY, members of the CITY staff or members of the Evaluation Committee. Cone of Silence shall terminate at the time the CITY makes an award to a BIDDERS(S) that becomes final as a result of no procurement protest being filed or takes other action that ends this solicitation. Any action of a BIDDER in violation of this may be cause for disqualification of the BIDDER. 21. 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 bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the BIDDER. 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. 22. Equal Product: Manufacturer's brand name and model number are 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 proposing of other manufacturer's items of equal material and function, unless otherwise indicated. Equal (substitution) may be bid, providing the product bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, 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. END OF DOCUMENT ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 112 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1 DE1 84A4DO EXHIBIT "C" (Insurance Requirements) 10 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSURANCE REQUIREMENTS 1 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 coverage's 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 Liabilily 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 Liabili 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 Com ensation & Employers Liabili The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State Statutes 440. ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite DocuSlgn Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSURANCE REQUIREMENTS Umbrella Excess Liabilil� 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. Professional Liability If required by contract will be a minimum of 1,000,000. Waiver of Subro ation 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 Limits ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite $1,000,000 Each Occurrence $2,000,000 Each Occurrence Premises -Operations Personal /Advertising Injury Independent Contractors $1,000,000 Combined Single Limit $11000,000 Each Occurrence If required (Included) Florida 440 Statutory Coverage $1,000,000 Each Accident $1,000,000 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSURANCE REQUIREMENTS Bonds: 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. 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 certificates 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 DATE ITB No. 088-21; Purchase and Delivery of Sodium Hypochlorite CONTRACTOR CITY OF PLANTATION DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 EXHIBIT "D" (Submitted Documentation as Required by the City) DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 OFFICE OF THE MAYOR Lynn Stoner, Mayor PROCUREMENT DEPARTMENT PIarnation Charles Spencer, NIGP-CPP Director the g= is gmner. ADDENDUM NO. 1 ITB No. 088-21 CITY COUNCIL Denise Horland, President Erik Anderson, President Pro Tern Jennifer Andreu Timothy J. Fadgen Nick Sortal Supply and Delivery of Sodium Hypochlorite DATE OF ADDENDUM: August 10, 2021 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 088-21. Questions are in bold, City responses are in red. Question No. 1— What will be the term of the agreement Response No. 1— The City intends to enter into an initial one-year term with the option to renew for four (4) additional one-year renewal periods. Bids must be submitted on or before September 14, 2021 @ 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website (fittps1/n Nork.demandstar.com/awencies/florida/cit-of- lantation- .rr ocurement- division/procurement-opportunities/9b6d13fb-3874-4291-9605-81cf63387a40D. All other terms, conditions and specifications remain unchanged for ITB No. 098-21. Please acknowledge receipt of this Addendum No. 1 by returning it and/or acknowledging it in your bid. VENDOR'S NAME: Allied Universal Corporation 400 NW 73rd Avenue • Plantation, Florida 33317 954.797.2205 • www.plantation.org DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 CITY OF PLANTATION Plantation the gms is greenerx IN VITA TION TO BID ITB NO. 088-21 "SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE - TERM CONTRACT" BID OPENING DATE: SEPTEMBER 14, 2021 BID OPENING TIME: 11:00AM BID REQUIREMENTS BID BOND — N/A LIQUIDATED DAMAGES — N/A PUBLIC CONSTRUCTION BOND —N/A CONTACT PERSON: GEORGE BARBER ADDRESS: 400 NW 73RD AVENUE, PLANTATION, FL 33317 EMAIL: GBARBER@PLANTATION.ORG PHONE NUMBER: 954-797-2205 PROCUREMENT DEPARTMENT DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 CITY OF PLANTATION Procurement Department 4? 400 NW 73`d Avenue Plantation, FL 33317 pjan� Telephone: (954) 797-2205 die grau is &=m ' Fax: (954) 797-2649 TABLE OF CONTENTS Cover Sheet for Invitation to Bid..........................................Page 1 Tableof Contents...........................................................Page 2 Sun Sentinel Advertisement .................................................Page 3 Noticeto Bidders.......................................................... Page 4 Instructions to Bidders ....................................................Pages 5-12 Scope of Services.......................................................... Pages 13-15 Fill in Forms Non -Collusion Certification .............................................Pages 16-18 References...................................................................Page 19 General Terms and Conditions............................................Pages 20-22 BidForm....................................................................Pages 23-24 BidChecklist...............................................................Page 25 ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 12 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 LEGAL ADVERTISEMENT INVITATION TO BID # 088-21; SUPPLYAND DELIVERY OF SODIUM HYPOCHLORITE August 6, 2021 The Sun Sentinel 333 SW 12 Avenue Deerfield Beach, FL 33442 Attention: Legal Advertisement Department Please publish the following Notice to Bidders in your Fort Lauderdale News ONLY, TWO TIMES one time in two consecutive issues, as soon as possible: Supply and Delivery of Sodium Hvnochlorite CITY OF PLANTATION All Responses will be received electronically via the Demand Star website on or before 11:00 am. on Tuesday, September 14, 2021. Bid Documents may be obtained electronically at: h_tt�s://network.demandstar.com/a encies/florida/ci -of- lantation- rocurement-division/ rocurement- oP ortunities/9b6d13fb-3874-4291-9605-81cf63387a40/. Bids will not be considered and cannot be entered online after the above referenced date. If a Bid Bond is rqqUired for this solicitation the on1,,inal bid bond shall be received at the Office of the City Clerk, City of Plantation, 400 NW 73' Ave, Plantation, Florida 33317, BEFORE the due date of the solicitation. Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. All questions may be addressed in writing to the George Barber, Procurement Administrator, 400 NW 73 Avenue Plantation, Florida. George Barber can be reached at 954-797-2205, Monday Through Friday, 8AM to 4:30PK Email: Gbarber@plantation.org. The City reserves the right to reject any and all bids and to accept the one that is in the best interests of the City. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 13 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 NOTICE TO BIDDERS INVITATION TO BID # 088-21; SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE I� The City of Plantation, Florida is soliciting bids for Supply and Delivery of Sodium Hypochlorite. The project will generally consist of, but is not limited to, the following: The City is requesting bids for the supply and delivery of sodium hypochlorite Bid Documents may be obtained electronically at: https://www.demandstar.copi app/aL,encies/florida/city-of-plantation-procurement- division/procurement-opportunities/9b6d13fb-3874-4291-9605-81cf63387a40/. Bids will not be considered and cannot be entered online after the above referenced date and time. All Responses will be received electronically via the Demand Star website (www.demandstar.com) on or before 11:00 am, on Tuesdly Seatember 14, 2021. If a Bid Security is required for this solicitation the original bid security shall be received at the Office of the City Clerk, City of Plantation, 400 NW 73`d Ave, Plantation, Florida 33317, BEFORE the due date of the solicitation. Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. Detailed specifications containing Instructions and Bid Forms may be obtained from George Barber in the Procurement Department, 400 NW 73 Avenue, Plantation or through the Plantation website of www.Plantation.or-. The bid may also be obtained from the www.Demandstar.com website. All questions may be addressed in writing to the Procurement Administrator, George Barber, 400 NW 73`d Avenue, Plantation Florida 33317. George Barber can be reached at 954- 797-2205, Monday through Friday, 8AM to 4:30PM, Email: Gbarbe lantation.or . Pursuant to Broward County Ordinance No. 2011-19 and City of Plantation Resolution No. 12242, this solicitation requires that each BIDDER must be registered as a Vendor with the CITY prior to or contemporaneous with submitting a Bid. Vendor registration can be completed at www.Plantation.org. As a further condition precedent for consideration of any bid, such Bid must strictly comply with the Instructions to Bidder as issued by the City. The City reserves the right in its sole discretion to reject any bid which does not strictly comply with said Instructions to Bidder and further reserves the right to accept or reject any bid as set forth in said instructions. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 14 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-ADiDE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 1. Defined Terms: The following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1 BIDDER: One who submits a Bid directly to CITY, as distinct from a sub -Bidder, who submits a bid to a BIDDER 1.2 CITY REP: City of Plantation, Procurement Administrator 1.3 CITY: The City of Plantation, a Florida municipal corporation 1.4 CONTRACTOR: The BIDDER with whom CITY enters into a Contract for the Work. 1.5 The words `proposal" and "bid" for this proposal are considered interchangeable. 2. Copies of Bidding Documents: 2.1 Complete sets of the Solicitation Documents shall be obtained electronically from the Demand Star website htts://www.demandstar.com/a /a encies/florida/ci - of- lantation- rocurement-division/ rocurement-o ortunities/9b6d13fb-3874- 4291-9605-81cf63387a40/ 2.2 Complete sets of Bid Documents shall be used in preparing Bids, neither CITY nor the CITY REP that prepared or assisted in the preparation of the Bid Documents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. Qualifications of Bidders: No bid will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said CITY, or who is deemed irresponsible or unreliable by CITY. The CITY shall have no liability to any Successful BIDDER unless and until the CITY executes a contract with such Successful BIDDER. CITY shall also have the right, unless prohibited by law, to meet with one or more BIDDER after bids are opened to ensure that all CITY's expectations with respect to performance can be met and that the requirements and scope of the Contract Work are clearly understood. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 15 DocuSign Envelope ID: C78879A9-35A4-4C97-l308C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 4. Examination of Bid Documents and Site: 4.1 Before submitting a Bid, each BIDDER(s) must (a) examine the Bid Documents thoroughly; (b) visit the site to familiarize themselves with local conditions that may in any manner affect performance, cost, progress or furnishing of the Work as required by the solicitation; (c) familiarize themselves with Federal, State, and local laws, ordinances, Florida Building Code or other applicable construction codes, rules and regulations affecting the performance, cost, progress, or furnishing of the Work; (d) study and carefully correlate their observations with the requirements of Contract Documents, and (e) notify CITY REP of all conflicts, errors or discrepancies in the Contract Documents. 4.2 BIDDERS should also note any references made to the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance, cost, progress or furnishing of the Work which have been relied upon by CITY REP in preparing the Drawings and Specifications, if any. CITY will make copies of such surveys and reports, which are not bound into these documents, available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the BIDDER that they have complied with every requirement of this Article 4 and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4.4 Any information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY and CITY REP by owners of such Underground Facilities or others, and neither CITY nor CITY REP assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in SUPPLEMENTARY CONDITIONS. 4.5 SUPPLEMENTARY CONDITIONS, if any, may identify for limited reliance by the CONTRACTOR certain specified technical data. These (as well as other documents) should be reviewed. 4.6 Before submitting a Bid, each BIDDER will, at its own expense, make or obtain any additional examinations, investigations, explorations, surveys, tests and studies and obtain any additional information or data which pertains to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which BIDDER deems necessary to determine their Bid price for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Bid Documents. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 16 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 4.7 On request in advance, CITY will provide each BIDDER access to the site to conduct explorations and tests as each BIDDER deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the Work is to be performed, and the right-of-ways and easements for access thereto and other lands designated for use in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or construction operations are to be provided by the CONTRACTOR. 5. Interpretations and Addenda: All questions about the meaning or intent of the Bid Documents shall be submitted to CITY REP in writing. Interpretations or clarifications considered necessary by CITY REP in response to such questions will be issued by Addenda and posted to the Demand Star website by CITY'S Procurement Department. Questions received less than ten 10 days 12rior to the date for opening of Bids will be answered at the option of the CITY. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. In the event of conflict between the Notice to Bidders and the terms written within the Scope of Services and/or Specifications contained within Bid documents, the terms within the Scope of Services and/or Specifications shall control. 6. Subcontractors, Suppliers and Others: 6.1 CITY requires the identity of major Subcontractors working on the project and Suppliers of unique material or products to be submitted to CITY in advance of the Notice of Award the apparent Successful BIDDER. Any other BIDDER requested by City in writing will, within seven (7) calendar days, submit to CITY a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for portions of this Project. An experience statement shall accompany such list with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, Supplier, person and organization. 6.2 If CITY or CITY REP after due investigation has reasonable objection any proposed Subcontractor, Supplier or other person or organization, may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, CITY may award the contract to the next lowest BIDDER whose bid is determined to be the most advantageous to the CITY taking into consideration the evaluation factors and criteria set forth in the INVITATION TO BID or the code if none are provided in the INVITATION ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 17 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 TO BID that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The BIDDER declining to make requested substitutions would not constitute grounds for sacrificing the Bid Security of any BIDDER. 6.3 No BIDDER shall be required to employ any Subcontractor, other person or organization against whom BIDDER has reasonable objection. 7. Bid Form: 7.1 The Bid Form is included with the Solicitation Documents. 7.2 All blanks on the Bid Forms must be completed in ink or be t� ped. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence. Whiteout of prices or words and numerals.on Bid Form is not permitted. 7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign). The corporate seal must be affixed and attested by the secretary or an assistant secretary or notarized by a licensed Notary together with a corporate Resolution authorizing the submittal of the bid. The corporate address and state of incorporation must be shown below the signature. 7.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.5 All names must be typed or printed below the signature. The signer shall date all signatures. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 7.7 The address and telephone number for communications regarding the Bid must be shown. 8. SUBMISSION OF BIDS: 8.1 Bids shall be submitted before the time and at the place indicated in the Notice to Bidders. 8.2 All Bids will be received electronically via the Demand Star website. Bid Documents may be obtained electronically at: ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 18 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 https://www.demandstar.com/app/a_ eenncies/florida/city-oofplantation- rocurement-division/ rocurement-o rtunities/9b6dI3fb-3874-4291-9605- 81 cf63387a40/. Bids will not be considered and cannot be entered online after the above referenced date. 8.3 More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any BIDDERS is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidders is interested. If there are reasonable grounds for believing that collusion exists among the BIDDER, the Bids of participants in such collusion will not be considered. 9. Modification and Withdrawal of Bids: 9.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 9.2 If within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Bid Documents. 10. 00ening of Bids: Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. l l . Bids to Remain Subject to Acceptance: 11.1 All bids MAY remain subject to acceptance for sixty (60) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return any Bid security prior to that date. 11.2 Extension of time when Bids shall remain open beyond the original period may be made only by mutual agreement between CITY, the Successful BIDDER, and the surety, if any, for the Successful BIDDER. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 19 DocuSign Envelope ID: C78879A9-35A44C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 12. Award of Contract: 12.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities, incompleteness, or irregularities not involving price, time or material changes in the Work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, incomplete, irregular, or conditional Bids. Also, CITY reserves the right to reject the Bid of any BIDDER if CITY believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.2 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any BIDDER and to establish the responsibility, reputation, work load, qualifications and financial ability of BIDDER, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 12.3 The CITY shall not be obligated to any BIDDER to enter into a contract with the BIDDER despite the CITY governing body prospectively awarding the contract 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 for the project with the Bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, 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. By bidding on this project, all BIDDERS acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that Bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 12.4 If the contract is to be awarded, CITY will give the Successful BIDDER a Notice of Award. 12.5 Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in Article 19 of this Document. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 110 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 13. Taxes: The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 14. Insurance Rer uirements: All Bond and Insurance requirements are described in a separate document included with this solicitation (if applicable). 15. Equal Employment Opportuni , Clause City of Plantation, Florida, in accordance with the provisions of Title VII of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all BIDERS that it will ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the ground of race, color or national origin in consideration for an award. 16. Regulations Violation of any local, state or federal law in the performance of this Contract shall constitute a material breach of this Contract. 17. Fiscal Non-Fundim7 Clause In the event sufficient funds are not budgeted for a new fiscal period, the CITY shall notify the successful BIDDER of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the CITY. 18. Amendment The awarded BIDDER understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into the Contract. 19. Assignment The awarded BIDDER shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the CITY except that claims for the money due or to become due the awarded BIDDER from the CITY under this Contract may be assigned to a financial institution or to a trustee in Bankruptcy without such ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 1 11 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 088-21 approval from the CITY. Notice of such transfer or assignment due to Bankruptcy shall be promptly given to the CITY. 20. Cone of Silence: Once the Solicitation has been issued, a Cone of Silence will be implemented. At that time communication with the CITY is limited to George Barber, Procurement Administrator (email address: Gbarber&1gn1ation.2rg). During the solicitation advertising, review and evaluation process no person shall make any private or separate delivery of marketing information concerning any BIDDER to any elected officers of the CITY, members of the CITY staff or members of the Evaluation Committee. Cone of Silence shall terminate at the time the CITY makes an award to a BIDDERS(S) that becomes final as a result of no procurement protest being filed or takes other action that ends this solicitation. Any action of a BIDDER in violation of this may be cause for disqualification of the BIDDER. 21. 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 bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the BIDDER. 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. 22. Equal Product: Manufacturer's brand name and model number are 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 proposing of other manufacturer's items of equal material and function, unless otherwise indicated. Equal (substitution) may be bid, providing the product bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, 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. END OF DOCUMENT ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 112 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 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 AW WA Standard B-300-99 latest version) • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOC1 • 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. 088-21; Supply and Delivery of Sodium Hypochlorite Page 113 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 SCOPE OF SERVICES + 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.powelifab.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 Nozzle 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 Item No. 2- Tanker load is 5,000 gallons (Split between two City of Plantation locations) ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 114 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 SCOPE OF SERVICES CLEAN TANK GUARANTEE: 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 ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 115 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 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. BIDDER 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(1) (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 offers, 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 rf • . name: t *Tyed�!ame: BIDDER: By: Allied Universal Corporation Name: Cristhianne Munguia Title: Bid Coordinator FM No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 116 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 NON -COLLUSION CERTIFICATION + 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 of personal acknowledging), who is personally known to me or who has produced _ (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged beffore me by means of 1�physical presence or ❑ online notarization, this 9/8/21 t%rishfianne (date) by Munguia (name of officer or agent, title of officer or agent), of Allied Universal(name of corporation acknowledging), a _ Florida (state or place of incorporation) corporation, on behalf of the corporation. He/aU is personally known to me or who has produced __ personally known (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 117 DocuSign Envelope ID: C78879A9-35A4-4C97-l308C-AD1 DE184A4D0 NON -COLLUSION CERTIFICATION NOTARY BLOCK FOR A LIMITED LIABILITY COMPANY: STATE OF COUNTY OF - The foregoing instrument was acknowledged, before me by means of n physical presence or ❑ online notarization, this (date) by (name of member, manager, officer, or agent, title of member, manager, officer or agent), of (dame of company acknowledging), a (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 118 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 REFERENCES Fill in Form Please provide the names of three (3) Governmental Agency contract references. The references must be current or former clients with a similar engagement within the past 3 years. NAME:don Hansen POSITION: ENTITY: Miami Dade Water & Sewer PHONE: 786-236-7625 E -MAIL ADDRESS: jon.hansen@mimidade.gov ADDRESS: 700 West 2nd Avenue Hialeah, FL 33011 PROJECT:Supply and delivery of Sodium Hypochlorite COMPLETION DATE/STATUS: On -Going NAME: Heath Laufenberg POSITION: Plant Superintendent ENTITY: City of Ft. Myers PHONE: 239-321-7574 E -MAIL ADDRESS: hlaufenberg@cityftmyers.com ADDRESS:1501 Raleigh Street Fort Myers, FL 33902 PROJECT: Supply and delivery of Sodium Hypochlorite COMPLETION DATE/STATUS: On -Going NAME: Ted Petrides POSITION: Director of Plant Operations ENTITY: City of Sunrise PHONE: 954-888-6035 E -MAIL ADDRESS: tetrides@sunrisefl.gov ADDRESS: 777 Sawgrass Corporate Parkway Sunrise, FL 33325 PROJECT: Supply and delivery of Sodium Hypochlorite COMPLETION DATE/STATUS: On -Going ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 119 DocuSign Envelope ID: C78879A9-35A4-4C97-l308C-AD1DE184A4D0 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)/service(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 be 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 ties solely with the CITY. PATENTS, TRADEMARKS AND COPYRIGHT: The CONTRACTOR warrants that the equipment(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 Awardee's responsibility to submit at the time of shipment the original manufacturer'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 working days of reporting the defect. 2. The CONTRACTOR shall, upon acceptance of the good or service by the City, transfer all manufacturer 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 fiee 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. The CONTRACTOR warrants against defective or faulty workmanship of CONTRACTOR installed or crafted equipment or materials which appear within one (1) year after 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 items(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. EOUAL PRODUCT: Manufacturer's brand name and model number are 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 bid is found to be equal in quality, standards ofperformance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 120 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 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. f UAN�When quantities are estimated they are not to be construed as firm or guaranteed. The CITY reserves the right to increasetdecrease 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 Health 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 ofthis specification is not to eliminate any prospective CONTRACTOR from competing in the bidding process, provided the specification is met or exceeded. Exceptions to the specifications outlined shall be 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 are 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 TBE BROWARD COUNTY OFFICE OF INSPF CTOR GENERAL. The Broward County Office of Inspector General ('UG") 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 —The 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 cured, 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 be 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 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 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. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 121 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 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. "E-Verify system" means an Intemet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Registration Requirement; Termination Effective January 1, 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 E-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 (including subvendors/subconsultants/subcontractors) 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 E-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 The CITY'S payment terms shall be thirty 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 Taxes and all sales taxes. The CITY of Plantation tax number is 85- 8012646337C-9. PERMITS The 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 be 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 doc umcn4 I agree to all of the afor entioned terms and conditions that are applicable to this written informal bid Authorized Signature: Date: 918/2021 Print/Type Name: Cristhianne Munguia Print/Type Company Name: Allied Universal Corporation ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 122 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 BID FORM Bidding Company's Name: Allied Universal Corporation Address: 3901 NW 115 Avenue., Miami, FL 33178 Phone: 305-88-2623 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. 088-21 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: [ ] August 10, 2021 [ l ADDENDA NUMBER: (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/furnish 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. 088-21; Supply and Delivery of Sodium Hypochlorite Page 123 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 BID FORM TOTAL BASE BID AMOUNT: Item No. Description 1. Sodium Hypochlorite (Na0C1, Bleach) as specified herein TANKERLOAD Manufacturer offered: Allied Universal Corporation 2. Sodium Hypochlorite (Na0C1, BIeach) as specified herein Tanker load is 5,000 gallons (Split between two of Plantation locations) Manufacturer offered: Allied Universal Corporation Unit I Estimated I Unit Price Gallon Gallon 82,000 180,000 Total Offer $ 0.78/g 1 1 $63.960.00 EF114.3 Ell11 *The City 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 be agreed upon in writing by the CITY and the BIDDER. SUBMITTED ON 9/8 2021 SIGNATURE OF BIDDER: PRINT NAME: Cristhianne Munguia TITLE (if any): Bid Coordinator ADDRESS: 3901 NW 115 Avenue, Miami, FL 33178 Incorporated under the laws of the State of Florida. ITB No. 088-21; Supply and Delivery of Sodium Hypochlorite Page 124 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Bid Checklist and Summary Form To comply with the City of Plantation's solicitation guidelines, this Bid Checklist Summary Form is required for all solicitations exceeding $25,000.00 or more. This form must be signed and included with the bid submittal in addition to the required bid documents of this solicitation. Failure to do so may result in your bid submittal being considered non -responsive. Bidder's Name Allied Universal CorporationDate: 9/8/2021 Base Bid Total: $202,200.00 Plantation Local Business pursuant to Section 2-227 of City's Code: Yes❑or No Disadvantaged Business Enterprise: Yes❑or No® Submitted Forms: ®Non -Collusion Certification Form ®References ® General Terms and Conditions Form 0 Bid Form ®Addendums 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 bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. Are you submitting an equivalent product: YesDr No® If Yes, please list the equivalent product(s) below: Signature: Printed Name: Cristhianne Munguia TTB No. 088-21; Supply and Delivery of Sodium HypochIorite Page 125 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4DO AI?M Corporate Office 3901 NW 115 Avenue Miami, Florida 33178 305-888-2623 office ALUMS 305-463-8369 fax 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 29th day of June 2021. STATE OF FLORIDA COUNTY OF: Miami -Dade Swom to (or affirmed) and Subscribed before me. By means of Q physical presence or ❑online notarization. This 8th day of September, 2021 By: Jim Palmer ,;+ hresident — CEO Allied Univd� sal Corporation 3901 NW 115 Avenue Miami, FL 33178 (Notary Seal) ATABEIRA PIEORA r Notary Public • State Of FlaAda Commissfon N HH tt#5013 My COMM. Expires Sep It, 2024 lorded throu=h National Ha wy Assn. 8350 NW 93 Street 9501 Rangeline Road Miami, Florida 33166 Ft. Pierce, Florida 34987 AUC - 305-888-2623 AUC - 772-464-6195 30 Neil Gunn Drive 204 SCM Road Ellisville, MS 39437 Brunswick, GA 31525 AUC - 601-477-2550 AUC - 912-267-9470 (Se rporation) 'too 1:1.OR%'Dp 444�11 / nature of Notary Public. Print or Type Name of Notary Personally Known ✓❑ Or Produced Identification ❑ Type of Identification Produced 5215 W. Tyson Avenue Tampa, Florida 33611 CFI -813-832-4868 9545 Rangeline Road Ft. Pierce, Florida 34987 ANT 1 - 7724M-6195 14770 Old Saint Augustine Roar Jacksonville, FL 32207 AUC - 904 619-6180 2815 Inland Transport St. Palmetto, Florida 34221 ANT DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-ADiDE184A4D0 Corporate Office 3901 NYC 115 Avenue Air.: AAXMMLWNVMM-'IACORPORATION Miami, Florida 33178 30S-888-2623 office 305-463-8369 fax AFFIDAVIT This is to certify that as required, all Sodium Hypochlorite solution to be fumished to City of Plantation will comply with the AWWA B300-99 Standards and ANSI/NSF standard 60 or as may be amended. STATE OF FLORIDA COUNTY OF: Miami -Dade Swom to (or affirmed) and Subscribed before me. By means of 0 physical presence or ❑online notarization. This 8th d of S t er 021 By' Cristhia Munguia Bid Coordinator a (Notary Seal) �► ATABEIBA P1E0RA i s Notary Public - State of Florlda CommissIN / HH 045013 . My Comm. Expires Sep 21, 2024 Bonded through National Notary Assn. 8350 NW 93 Street Miami, Florida 33166 AUC - 305-888-2623 9501 Rangeline Road Ft. Pierce, Florida 34987 AUC - 772-464-6195 of Notary Public. Print or Typal Name of Notary Personally Known 0 Or Produced Identification ❑ Type of Identification Produced 5215 W. Tyson Avenue Tampa, Florida 33611 CFI - 813-832-4868 14770 Old Saint Augustme Rm Jacksonville, FL 32207 AUC - 90"19-6180 30 Neil Gunn Drive 204 SCM Road 9545 Rangeline Road Ellisville, MS 39437 Brunswick, GA 31525 Ft. Pierce, Florida 34987 AUC - 601-477-2550 AUC - 912-267-9470 ANT 1 - 772-464-6195 2815 Inland Transport St. Palmetto, Florida 34221 ANT 2 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 9/3/2021 CSC The Public Health and Safety Organization Listing Category Search Page I NSF International NSF Product and Service Listings These NSF Official Listings are current as of Friday, September 03, 2021 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: httD://info.nLf-Qrg/Certified/PwsChemicalsill g&asp? Co myName=Allied+Universal+Corp oration&ChemicalName=Sodium+Hypgchlorite& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Allied Universal Corporation 3901 Northwest 115th Avenue Miami, FL 33178 United States 800-981-6700 305-888-2623 Visit this comp-gy's website f ham://www.allieduniversal.com) Facility: # 2 Jacksonville, Florida Sodium Hypochlorite[HY] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection & Oxidation loomg/L By Weight Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation loomg/L Sodium Hypochlorite Disinfection & Oxidation loomg/L Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation ioomg/L info.nsf.org/CertifiedlPwsChemicalsfUstings.asp?CompanyName=Allied+Universal+Corporatlon&TradeName=&ChemicalName=Sodium+Hypochiortte... 115 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 9/3/2021 Listing Category Search Page I NSF International [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Fort Pierce, FL Sodium Hypoddorite[HY] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection & Oxidation ioomg/L By Weight Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation too mg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation ioomg/L Sodium Hypochlorite Disinfection & Oxidation ioomg/L Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation ioomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Miami, FL Sodium Hypochlorite[HY] Trade Designation Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Product Function Max Use Disinfection & Oxidation loomg/L info.nsf.org!Certified/PwsChemicalstistings.asp7CompanyName=Allied+Universal+Corporation&TradeName=&Chemica[Name=Sodium+Hypochlorite... 2/5 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 9/3/2021 Listing Category Search Page I NSF International By Weight Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation ioomg/L Sodium Hypochlorite Disinfection & Oxidation loomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Tampa, FL Sodium Hypochlorite[HY] Dade Designation Product Function Max Use Aqua Guard Bleach Disinfection & Oxidation 84 mg/L Aqua Guard Chlorinating Sanitizer 110.5% Chlorine Disinfection & Oxidation loomg/L By Weight Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation ioomg/L Sodium Hypochlorite Disinfection & Oxidation ioomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. info.nsf.org/CertlfledlPwsChemicals/Listings.asp?CompanyName=Allied+Universal+Corporation&TradeName=&Chemica[Name=Sodium+Hypochlorite... 315 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-ADiDE184A4D0 9/3/2021 Listing Category Search Page I NSF International NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Brunswick, GA Sodimn Hypochlorite[HYJ Trade Designation Aqua Guard Bleach Aqua Guard Bleach 12.5% Aqua Guard Chlorinating Sanitizer Aqua Guard Chlorinating Sanitizer 1o.5% Aqua Guard Sodium Hypochlorite 10.5% Aqua Guard Sodium Hypochlorite 12.5% Sodium Hypochlorite 10.5% Sodium Hypochlorite 12.5% Product Function Max Use Disinfection & Oxidation 74mg/L Disinfection & Oxidation 74mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 74mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 74mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in; the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Ellisville, MS Sodium Hypochlorite[HYI Trade Designation Aqua Guard Bleach Aqua Guard Bleach 12.5% Aqua Guard Chlorinating Sanitizer Aqua Guard Chlorinating Sanitizer 10.5% Aqua Guard Sodium Hypochlorite 10.5% Aqua Guard Sodium Hypochlorite 12.5% Sodium Hypochlorite 10.5% Sodium Hypochlorite 12.5% ProductFwwtion Max Use Disinfection & Oxidation 84mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation ioomg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation 84mg/L Info.nsf.org/Cerdfied/PmChem[calsILIsUngs.asp?CompanyName=Allied+Universal+Corporation&TradeName=&ChemicaIName=Sodium+Hypochlorite... 4/5 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 9/3/2021 Listing Category Search Page I NSF International [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Allied Universal Corporation 3901 Northwest 115 Avenue Miami, FL 33178 United States 305-888-2623 Visit this company's website ://www.aHieduniversal,coml Facility: # 3 USA Sodium Hypochlorite[HY] Trade Designation Aqua Guard Bleach Aqua Guard Bleach 12.5% Aqua Guard Sodium Hypochlorite 12.5% Sodium Hypochlorite 12.5% Product Function Max Use Disinfection & Oxidation 84mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation 84mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Number of matching Manufacturers is 2 Number of matching Products is 49 Processing time was 1 seconds info.nstorglCer ified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal+Corporation$TradeName=&ChemicalName=Sodium+Hypochlorite... 515 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 M L MYSU CORPORATION FjWWWW M4 1. Identification Product Identifier Other means of Identification SAFETY DATA SHEET Sodium Hypochlorite, 10-15% Solution SDS number AUC-004 Synonyms Aqua Guard Chlorinating Santizier * Aqua Guard Bleach * Aqua Guard Sodium Hypochlorite 10.5% * Aqua Guard Sodium Hypochlorite 12.50/6 * Sodium Hypochlorite * Liquid Bleach * Bleach ` Hypo Recommended use Swimming pool chemical, hard surface cleaner, water treatment, bleaching, textiles, cooling towers, laudry sanitizer and agricultural/ aquacultural purposes Recommended restrictions None known. Manufacturer/importer/Supplier/Distributor Information Manufacturer Company name Allied Universal Corporation Address 3901 N.W.115th Avenue Telephone Webslte E-mail Contact person Emergency phone number Supplier 2. Hazard(s) identification Physical hazards Health hazards Environmental hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement Prevention Miami, FL 33178 United States General: 24-Hour alert: www.al lieduniversal.com Not available. Operations Department CHEMTREC Refer to Manufacturer 1-305-888-2623 1-786-522-0207 1-800-424-9300 (US/Canada) +01 703-527-3887 (International) Corrosive to metals Category 1 Skin corrosionfirritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation This mixture does not meet the classification criteria according to OSHA HazCom 2012. This mixture does not meet the classification criteria according to OSHA HazCom 2012. 0<� • Danger May be corrosive to metals. Causes severe skin burns and eye damage. Causes serious eye damage. May cause respiratory irritation. Keep only in original container. Do not breathe mist. Wash thoroughly after handling. Use only outdoors or in a well -ventilated area. Wear protective gloves/clothing and eye/face protection. Material name: Sodium Hypochlorite, 10-151% Solution AUC-004 Version #: 04 Issue date. 12-03-2020 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-ADiDE184A4D0 Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CENTER or doctor/physician. Specific treatment (see this label). Wash contaminated clothing before reuse. Storage Store locked up. Store in a well -ventilated place. Keep container tightly dosed. Store in corrosive resistant container with a resistant inner liner. Disposal Dispose of contents/container in accordance with local/regional/nationaVinternational regulations. Hazard(s) not otherwise No OSHA defined hazard classes. classified (HNOC) Other hazards which do not result in classification: Contact with most acids may liberate and toxic gas. Chronic skin contact with low concentrations may cause dermatitis. Supplemental Information None. I Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % Sodium Hypochlorite HYPOCHLORITE SOLUTION 7681-52-9 10-15.5 Sodium hydroxide Caustic soda 1310-73-2 1-5 Lye Soda lye Other components below reportable levels 80-90 'Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First -aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. If breathing stops, provide artificial respiration. Induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. If breathing is difficult, trained personnel should give oxygen. Call a physician or poison control center immediately. Skin contact Immediately flush skin with running water for at least 20 minutes. Take off immediately all contaminated clothing. Take off immediately all contaminated clothing. Call a physician or poison control center immediately. Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Cover wound with sterile dressing. Do not rub area of contact. Leather and shoes that have been contaminated with the solution may need to be destroyed. Eye contact Immediately flush eyes with plenty of water for at least 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing for 10-15 minutes. Call a physician or poison control center immediately. Take care not to rinse contaminated water into the unaffected eye or onto the face. Ingestion Most important symptoms/effects, acute and delayed Indication of Immediate medical attention and special treatment needed General Information 5. Fire -fighting measures Suitable extinguishing media Call a physician or poison control center immediately. Rinse mouth. If swallowed: Rinse mouth. Do NOT induce vomiting. Never give anything by mouth to a victim who is unconscious or is having convulsions. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Corrosive to the eyes and may cause severe damage including blindness. Symptoms may include stinging, tearing, redness, swelling, and blurred vision. Direct skin contact may cause corrosive skin burns, deep ulcerations and possibly permanent scarring. Can cause severe respiratory irritation. Symptoms may include coughing, choking and wheezing. Inhalation could result in pulmonary edema (fluid accumulation). Symptoms of pulmonary edema (chest pain, shortness of breath) may be delayed. May cause severe irritation and corrosive damage in the mouth, throat and stomach. Symptoms may include abdominal pain, vomiting, burns, perforations, bleeding and eventually death. Immediate medical attention is required. Causes chemical bums. Treat symptomatically Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Use media suitable to the surrounding fire such as water fog or fine spray, alcohol foams, carbon dioxide. Use water with caution. Contact with water will generate considerable heat. Material name: Sodium Hypochlorite, 10-15% Solution sos US AUG-004 Version #: 04 Issue date: 12-03-2020 2 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4D0 Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. Do not use dry chemical media extinguishing agents. Maleic anhydride may react with the basic sodium compounds. Use chemical extinguishing agents with caution. Some chemical extinguishing agents may react with this material. Specific hazards arising from Not considered flammable. Vapors are heavier than air and may spread along floors. Contact with the chemical most metals will generate flammable hydrogen gas. Contact with water will generate considerable heat. Reacts violently with a wide variety of organic and inorganic chemicals including alcohol, carbides, chlorates, picrates, nitrates and metals. Toxic fumes, gases or vapours may evolve on burning. Special protective equipment Firefighters should wear proper protective equipment and self-contained breathing apparatus with and precautions for firefighters full face piece operated in positive pressure mode. A full -body chemical resistant suit should be worn. Fire fighting Fight fire with normal precautions from a reasonable distance. Evacuate the area promptly. Move equlpmentrnstructions containers from fire area if you can do so without risk. Use water spray to cool unopened containers. Do not allow run-off from fire fighting to enter drains or water courses. Dike for water control. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards Vapors are heavier than air and may spread along floors. Hazardous combustion Hydrogen gas. Hydrogen chloride. Chlorine. Oxygen. Sodium oxides. products 6. Accidental release measures Personal precautions, Immediately evacuate personnel to safe areas. Keep unnecessary personnel away. Keep people protective equipment and away from and upwind of spilitleak. Keep out of low areas. Wear appropriate protective equipment emergency procedures and clothing during clean-up. Do not breathe mist or vapor. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ventilate closed spaces before entering them. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SIDS. Methods and materials for Ventilate the area. Remove sources of ignition. Stop leak if you can do so without risk. Absorb containment and cleaning up spillage to prevent material damage. Use a non-combustible material like vermiculite, sand or earth to soak up the product and place into a container for later disposal. Use water spray to reduce vapors or divert vapor cloud drift. Prevent entry into waterways, sewer, basements or confined areas. Remove with vacuum trucks or pump to storage/salvage vessels. Contain and absorb spilled liquid with non-combustible, inert absorbent material (e.g. sand). Small spills can be neutralized by covering with a reducing agent, such as Sodium thiosulfate or Sodium sulphite. If not recoverable, dilute with water or flush to holding area and neutralize. Never return spills to original containers for re -use. Contact the proper local authorities. Contaminated absorbent material may pose the same hazards as the spilled product. For waste disposal, see Section 13. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment. Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well -ventilated area. Wear protective gloves/clothing and eye/face protection. Label containers appropriately. When using, do not eat, drink or smoke. Do not taste or swallow. Do not get in eyes, on skin, on clothing. Wash thoroughly after handling. Observe good industrial hygiene practices_ Conditions for safe storage, Store locked up. Storage area should be clearly identified, clear of obstruction and accessible only Including any Incompatibilities to trained and authorized personnel. Avoid ultraviolet (UV) light sources. Inspect periodically for damage or leaks. Store In corrosive resistant container with a resistant inner liner. Store in original tightly closed container. Keep container tightly closed. Store in a well -ventilated place. Store away from and do not mix with incompatible materials such as acids, oxidizers, organics, reducing agents and all metals except titanium. Keep away from food, drink and animal feedingstuffs. S. Exposure controls/personal protection Occupational exposure limits US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Components Type Value Sodium hydroxide (CAS PEL _ 2 mg/m3 1310-73-2) Material name: Sodium Hypochlorite, 10-15% Solution sos us AUG-004 Version #: 04 Issue date: 12-03-2020 3 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 US. ACGIH Threshold Limit Values Components Type Value Sodium hydroxide (CAS Ceiling 2 mg/m3 1310-73-2) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value Sodium hydroxide (CAS Ceiling 2 mg/m3 1310-73-2) US. Workplace Environmental Exposure Level (WEEL) Guides Components Type Value SODIUM HYPOCHLORITE STEL 2 mg/m3 (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment Eye/face protection Chemical goggles and face shield are recommended. Eye wash facilities and emergency shower Skin protection must be available when handling this product. Hand protection Wear appropriate chemical -resistant gloves. Advice should be sought from glove suppliers. Other Where contact is likely, wear chemical -resistant gloves, chemical protective clothing, rubber boots, and chemical safety goggles plus a face shield. Use of an impervious apron is recommended. Respiratory protection Respiratory protection should be wom when there is a potential to exceed the exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, wear respiratory protection when adverse effects, such as respiratory irritation or discomfort have been experienced, or where indicated by your risk assessment process. For most conditions no respiratory protection should be needed; however, if discomfort is experienced, use an approved air -purifying respirator. The following should be effective types of air -purifying respirators: Particulate filter. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene considerations When using, do not eat, drink or smoke. Do not breathe mist. Avoid contact with eyes, skin and clothing. Upon completion of work, wash hands before eating, drinking, smoking or use of toilet facilities. Remove soiled clothing and wash it thoroughly before reuse. 9. Physical and chemical properties Appearance Clear yellow/green liquid. Physical state Liquid. Form Liquid. Color Clear to yellow/green. Odor Pungent. Chlorine -like. Odor threshold Not available. pH 11 - 13 Melting polnVfreezing point -150 °F (-101.11 °C) Initial boiling point and boiling range > 212 °F (> 100 °C) Flash point Not Applicable Evaporation rate Not available. Flammability (solid, gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit - lower (%) Not Applicable Flammability limit - lower (%) temperature Not Applicable Material name: Sodium Hypchlorite, 10-15% Solution sos us AUC-004 Version #: 04 Issue date: 12-03-2020 4 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Flammability limit - upper Not Applicable (%) Flammability limit - upper Not Applicable (°/6) temperature Explosive limit - lower (°%) Not available. Explosive limit - upper (%) Not available. Vapor pressure 12 mm Hg Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Soluble Partition coefficient Not available. (in-octanolfwater) Auto -ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other Information Density 1.18 g/cm3 Molecular formula NaOCI Molecular weight 74.4 Specific gravity 1.165-1.23 10. Stability and reactivity Reactivity Contact with most metals will generate flammable hydrogen gas. Contact with water will generate considerable heat. Reacts with amines and ammonia compounds to form explosively unstable compounds. May be corrosive to metals. May be corrosive to: Aluminum. Stainless steel. Carbon steel. Copper. Bronze Chemical stability Material is stable under normal conditions. Possibility of hazardous Reacts vigorously or violently with many organic and inorganic chemicals such as: acids, acrolein, reactions acrylonitrile, chlorinated hydrocarbons (e.g.1,2 dichloroethylene), chlorine dioxide, maleic anhydride, nitroethane, nitroparaffins, 2-nitrophenol, nitropropane, phosphorus, potassium persulfate, and tetrahydrofuran (containing peroxides). Conditions to avoid Direct sources of heat. Avoid high temperatures. Direct sunlight. Avoid contact with incompatible materials. Do not use in areas without adequate ventilation. Do not allow evaporation to dryness. Incompatible materials Metals. Strong oxidizing agents. Acids. Amines. Ammonia. Reducing agents. Nitrites. Organic compounds. Hazardous decomposition None known, refer to hazardous combustion products in Section 5. products In the event of fire the following can be released: Chlorine. Sodium chlorate. 11. Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. May cause irritation to the respiratory system. May cause severe irritation to the nose, throat, and respiratory tract. Skin contact Causes severe skin bums. Eye contact Causes serious eye damage. Ingestion Causes digestive tract bums. Ingestion may cause severe irritation of the mouth, the esophagus and the gastrointestinal tract. Most important Corrosive to the eyes and may cause severe damage including blindness. Symptoms may include symptomsteffects, acute and stinging, tearing, redness, swelling, and blurred vision. Direct skin contact may cause corrosive delayed skin burns, deep ulcerations and possibly permanent scaring. Can cause severe respiratory irritation. Symptoms may Include coughing, choking and wheezing. Inhalation could result in pulmonary edema (fluid accumulation). Symptoms of pulmonary edema (chest pain, shortness of breath) may be delayed. May cause severe irritation and corrosive damage in the mouth, throat and stomach_ Symptoms may include abdominal pain, vomiting, burns, perforations, bleeding and eventually death. Information on toxicological effects Material name: Sodium Hypochlorite, 10-15% Solution sos us AUC-004 Version #: 04 Issue date: 12-03-2020 5 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Acute toxicity Not expected to be hazardous by OSHA criteria. There is no available data for the product itself, only for the ingredients. See data for individual ingredient acute toxicity data. Components Species Test Results Sodium hydroxide (CAS 1310-73-2) Acute Dermal LD50 Rabbit No Data in Literature Inhalation LC50 Rat No Data in Literature Oral LD50 Rat No Data in Literature Sodium Hypochlorite (CAS 7681-52-9) Acute Dermal LD50 Rabbit > 10000 mg/kg Inhalation LC50 Rat > 5.25 mg/1/4h Oral LD50 Rat 8910 mg/kg Skin corrosion/irritation Hazardous by OSHA criteria. Causes severe skin bums. Causes severe skin bums and eye damage. Skin corrosionrrritation - Category 1. Serious eye damage/eye Hazardous by OSHA criteria. irritation Causes serious eye damage. Serious eye damage/eye irritation - Category 1 Respiratory or skin sensitization Respiratory sensitization Not expected to be a respiratory sensitizer. Skin sensitizer Not expected to be hazardous by OSHA criteria. Not expected to be a skin sensitizer. May cause an allergic skin reaction (e.g. hives, rash) in some hypersensitive individuals. Germ cell mutagenicity Not expected to be mutagenic. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. IARC Monographs. Overall Evaluation of Carcinogenicity Sodium Hypochlorite (CAS 7681-52-9) 3 Not classifiable as to carcinogenicity to humans. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity - Hazardous by OSHA criteria. single exposure May cause respiratory irritation. Specific Target Organ Toxicity (STOT), Single Exposure, Category 3. Specific target organ toxicity - Not classified as a specific target organ toxicity -repeated exposure. repeated exposure Aspiration toxicity Chronic effects 12. Ecological information Ecotoxicity Components Not expected to be an aspiration hazard. Prolonged inhalation may be harmful. Chronic skin contact with low concentrations may cause dermatitis. Toxic to aquatic life. Species Sodium hydroxide (CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea (Ceriodaphnia dubia) Test Results 40 mg/I, 48 hours Material name: Sodium Hypochlorite, 10-15% Solution AUC-004 Version #: 04 Issue date: 12-03-2020 SDS US 6/10 DocuSign Envelope ID: C78879A9-35A4-4C97-608C-AD1 DE184A4D0 Components Fish LG50 Sodium Hypochiorite (CAS 7681-52-9) Aquatic Acute Crustacea EC50 Fish LC50 Species Test Results Western mosquitofish (Gambusia affinis) 125 mg/I, 96 hours Water flea (Daphnia magna) 0.169 mg/I, 48 hours Bluegill (Lepomis macrochirus) 0.58 mg/l, 96 hours Persistence and degradability Biodegradation is not applicable to inorganic substances. Bioaccumulative potential No accumulation in living organisms is expected due to high solubility and dissociation properties. Mobility In soil High water solubility indicates a high mobility in soil. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of contents/container in accordance with local/regional/national/intemational regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Waste from residues / unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue, follow label warnings even after container is emptied. 14. Transport Information DOT UN number UN1791 UN proper shipping name HYPOCHLORITE SOLTUTIONS ( RQ = 100) Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group III Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Special provisions I133, N34, T4, TP2, TP24 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 This product does meet the definition of a marine pollutant as described in 49 CFR section 171.8. IATA UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards NO ERG Code 8L Special precautions for user Read safety instructions, SIDS and emergency procedures before handling. Other Information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. Material name: Sodium Hypochlorite, 10-15% Solution sos us AUC-004 Version #: 04 Issue date: 12-03-2020 7 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-AD1DE184A4D0 IMDG UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards Marine pollutant No. EmS F-A, S-B Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Transport in bulk according to Not available. Annex II of MARPOL 73/78 and the IBC Code DOT IATA; IMDG Marine pollutant 15. Regulatory information US federal regulations This product is a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. All components are on the U.S. EPA TSCA Inventory List. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) Sodium hydroxide (CAS 1310-73-2) Listed. Sodium Hypochlorite (CAS 7681-52-9) Listed. SARA 304 Emergency release notification Not regulated. Material name: Sodium Hypochlorite, 10-15% Solution sos us AUC-004 Version #: 04 Issue date: 12-03-2020 8 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard - Yes Delayed Hazard - No Fire Hazard - No Pressure Hazard - No Reactivity Hazard - No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous Yes chemical SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US. California Controlled Substances. CA Department of Justice (California Health and Safety Code Section 11100) Not listed. US. Massachusetts RTK - Substance List Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. New Jersey Worker and Community Right -to -Know Act Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. Pennsylvania Worker and Community Right -to -Know Law Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. Rhode Island RTK Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorfte (CAS 7681-52-9) US. California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. International Inventories Country(s) or region Inventory name Australia Australian Inventory of Chemical Substances (AICS) Canada Domestic Substances List (DSL) Canada Non -Domestic Substances List (NDSL) China Inventory of Existing Chemical Substances in China (IECSC) Europe European Inventory of Existing Commercial Chemical Substances (EINECS) Europe European List of Notified Chemical Substances (ELINCS) Japan Inventory of Existing and New Chemical Substances (ENCS) Korea Existing Chemicals List (ECL) New Zealand New Zealand Inventory Philippines Philippine Inventory of Chemicals and Chemical Substances (PICCS) On inventory (yes/no)* Yes Yes No Yes Yes No Yes Yes Yes Yes Material name: Sodium Hypochlorite, 10-15% Solution AUC-004 Version #: 04 Issue date. 12-03-2020 SDS US 9/10 DocuSign Envelope ID: C78879A9-35A4-4C97-608C-AD1 DE184A4D0 Country(s) or region Inventory name On Inventory (yes/no)* United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) "No" A indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16.Other information, including date of preparation or last revision Issue date 12-03-2020 Version # 04 HMIS H: 3 F: 0 R: 1 NFPA H: 3 F: 0 R: 1 (to Maximum use level for Sodium hypochlorite under NSF/ANSI Standard 60 - Maximum use in potable water is 84 mg/L for 12.5% bleach and 100 mg/L for 10.5% bleach. �+do ACGIH: American Conference of Governmental Industrial Hygienists List of abbreviations CAS: Chemical Abstract Services CERCLA: Comprehensive Environmental Response, Compensation and Liability Act of 1980 CFR: Code of Federal Regulations DOT: Department of Transportation DSL: Domestic Substance List EC: European Community EINECS: European Inventory of Existing Commercial chemical Substances EPA: Environmental Protection Agency EPCRA: Emergency Planning and Community Right -to -Know Act HSDB® - Hazardous Substances Data Bank IARC: International Agency for Research on Cancer IATA: International Air Transport Association IBC: Intermediate Bulk Container IMDG: International Maritime Dangerous Goods LC: Lethal Concentration LD: Lethal Dose NOEC: No observable effect concentration NTP: National Toxicology Program OECD: Organisation for Economic Cooperation and Development OSHA: Occupational Safety and Health Administration PPE: Personal Protective Equipment RCRA: Resource Conservation and Recovery Act RTECS: Registry of Toxic Effects of Chemical Substances SARA: Superfund Amendments and Reauthorization Act SDS: Safety Data Sheet STEL: Short Term Exposure Limit TLV: Threshold Limit Values TWA: Time Weighted Average Prepared by: ICC The Compliance Center Inc. 1-888-442-9628 http://www.thecompliancecenter.com Disclaimer Disclaimer This Safety Data Sheet was prepared by ICC The Compliance Center Inc. using information provided by / obtained from Allied Universal Corporation and CCOHS' Web Information Service. The information in the Safety Data Sheet is offered for your consideration and guidance when exposed to this product. ICC The Compliance Center Inc. and Allied Universal Corporation expressly disclaim all expressed or implied warranties and assume no responsibilities for the accuracy or completeness of the data contained herein. The data in this SDS does not apply to use with any other product or in any other process. This Safety Data Sheet may not be changed, or altered in any way without the expressed knowledge and permission of ICC The Compliance Center Inc. and Allied Universal Corporation Bibliography Canadian Centre for Occupational Health and Safety, CClnfoWeb Databases, 2014 (Chempendium, RTECS, HSDB, INCHEM) European Chemicals Bureau, Existing Chemicals Work Area, EINECS Information System, 2014. Material Safety Data Sheet from manufacturer. OECD - The Global Portal to Information on Chemical Substances - eChemPortal, 2014. Material name: Sodium Hypochlorite, 10-15% Solution sos us AUC-004 Version #04 Issue date: 12-03-2020 10 / 10 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 �i: ��i .,. wry► iaa� ,mot �sr�� .� �,.� • 3901 NW 115" Avenue Miami, FL 33178 305-888-2623 office 305-885-4671 fax SODIUM HYPOCHLORITE AQUA GUARD CHLORINATING SANITIZER TECHNICAL SALES SPECIFICATION FOR 10.5% WT AVAILABLE CHLORINE (12.3% BY VOLUME AVAILABLE CHLORINE) SODIUM HYPOCHLORITE SOLUTION CONCENTRATION (LABELED) 10.5% minimum by weight (12.3% Vol) as stated by the U.S. EPA End Use Pesticide Registration CONCENTRATION (DELIVERED) 11.0% (12.9% Vol) preferred, 10.5% (12.3% Vol) to 11.2% (13.2% Vol) acceptable as measured by a sodium thiosulfate titration with starch indicator resulting in an available chlorine reading by weight. CONCENTRATION (MINIMUM) 9.50% By weigh t (11.1% Vol) available chlorine within 30 days of delivery if stored properly. GUARANTEED STRENGTH The manufacturer shall guarantee their chlorine strength to be above 9.501/o by weight (11.1 % Vol) for thirty full days, if the product has been properly stored, or it will be replaced immediately at no charge to the customer. FILTRATION Submicron filtration MANUFACTURING TEMPERATURE Temperature during manufacturing not to exceed 100°F (37°C). EXCESS CAUSTIC Desired range 0.2% WT - 0.4% WT. Excess alkalinity levels below 0.2%, causes a severe stability problem with bleach, especially during the hot summer months. IRON (Fe) Typically .30 ppm or less as a result of filtration NICKEL (Ni) .02 ppm or less COPPER .02 ppm or less BROMATES Complies with US Environmental Protection Agency and National Sanitation Foundation (NSF) requirements. NSF & AWWA Certified to NSF/ANSI Standard 60. Maximum use in potable water is 100 mg/L. NSF Non Food Compounds Program Listed (3D, B-1, B-2, D-1, D-2, G-4, GX, G-7 and Q-4 - Registration 4134106). Sanitizing solution, used as prescribed by 21 CFR 178.1010. Guaranteed by Allied Universal Corporation to meet AWWA Standard B300 for Sodium Hypochlorite. AGCS5PEC-08/18 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the Dints of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Allied Universal Corporation (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I-9) has been completed. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE IIII FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirrnation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 14 days may be necessary. In such cases, SSA will provide additional verification instructions. g, RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1 Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: Automated verification checks on newly hired alien employees by electronic means, and Photo verification checks (when available) on newly hired alien employees. 2. • DHS agrees to provide to the Employer appropriate assistance with operational problems Employer's participation in the E-Verify program. DHS agrees to that may arise during the provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the &Verify Manual) containing instructions on &Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify.. DHS agrees to provide training materials on &Verify. q DHS agrees to provide to the Employer a notice, which indicates the EmPlloyees participation in the &Verify program DHS also to provide to the Employer anti- discrimination notices issued b the Office of Special ial Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer er to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verificationtiialien empintitiesoy may eligibility and for evaluation of the E-Verify program, the accuracy of Social be authorized by applicable law. information will be used only to verify Security Numbers and employment eligibility, to enfor the immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports I DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 g DHS agrees to establish a means of secondary verification (including updating DES records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfmnationsat designedisrwitto provideFederal Government heation or t work nonconfirmation of the employees' employmenteligibility days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER I . The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to Provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding &Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the &Verify Tutorial before that individual initiates any queries. that all employer representatives will take the refresher A The err►P1oYm agrees tutorials initiated by the E-Verify Program as a condition of continued use of E- Verify. g. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form 1-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b) (1) (B)) can be presented during the Form I-9 process to establish identity). If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I--9, the Employeragrees to make a photocopy of the document and to retain the photocopy eemployee's Form 1-9. The employer will use the photocopy to verify the photo and dtassist t e Department with its review of photo non -matches that are contested by Ot that employees retain the right to present any List A, or List B and List C, documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in &Verify does not exempt the Employer from the responsibility to complete, retaiand make aake available door inspection laws, except t relate ate to its employees, or from other requirements following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 rebuttable presumption is established that the Employer has not violated section 274A(ax1)(A) of the Immigration and Nationality Act (1NA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify ; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(aXIXA) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be Queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response bas been given. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Vm* procedures for ro- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses B-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOM 9, The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfrmiations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4D0 Company ID Number: 122833 a photo non -match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413a)(3 of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration -related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eeligibility of safeguard employees after completion of the Form 1-9. The Employer agrees ag information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, Employer �o rized to ensuring that it is not disseminated to any person other than employees ftheEm P oye perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (1) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)� and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E-Verify -related records, i.e., Forms 1-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating &Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E-Verify, to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. DocuSign Envelope ID: C78879A9-35A4-4C97-BO8C-ADiDE184A4DO Company ID Number: 122833 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA i. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirnation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within S Federal Government work days. The Employer will make a second inquiry to the SSA database using &Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirnration. 2. If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toil -free hotline within 8 Federal Government work days. 5. if the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS wilt electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE IW SERVICE PROVISIONS The SSA and DHS will not charge the Employer fnr verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1 DE184A4Do Company ID Number: 122833 without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIMIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, Merify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FO1A). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant In E-Verify, you should only sign the Employer's Section of the signature page. if you have any questions, contact E-Verify Operations at 888464 4218. Employer Allied Universal Corporation Andrea L Smith Name (Please type or print) Title Electronically Signed 0512&2008 Signature Date Department of Homeland Security —Verification Division DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 USCIS Verification Division Name (Please type or print) Title Electronically Signed Signature 05/28/2008 Date DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122833 INFORMATION REQUIRED FOR THE E-VERIFY PROGRAM Information relating to your Company: Company Name: Allied Universal Co oration Company Facility Address: 3901 NW 115 Avenue Mia ' FL 33173 Company Alternate Address: 3901 NW 115 Avenue Miami, FL 33178 County or Parish: MIAMI-DADE Employer Identification Number: 590776295 North American Industry Classification Systems Code: 325 Parent Company: 100 to Number of Employees: 4" Number of Sites Verified for: 8 Are you verifying for more than I site? If yes, please provide the number of sites verified for in each State. MISSISSIPPI 1 site($) • FLORIDA 4 site(s) ARKANSAS I site(s) • GEORGIA 2 site(s) - - -- -- - J Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Tswana Houston Telephone Number: (305) $98 - 2623 ext 131 Fax Number (305) 392 - 5732 E-mail Address: TawanaHQalliedoniversal.eom Name: Irene Ham Telephone Number. (305) 888 - 2623 ext.148 Fax Number. (305) 392 - 5732 E-mail Address: Ireneii®011ledunivervaLcom Name: Andrea L. Smith DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 Company ID Number: 122933 Telephone Number. (305) 988 - 267.3 ext.124 Fax Number (MS) 392 - M &mail Address: AudreaS@allieduniYcrxzLeom DocuSign Envelope ID: C78879A9-35A44C97-l308C-AD1DE184A4D0 001252 Local Business Tax Receipt Miami --Dade County, State of Florida -THIS fS NOT A HILL -1)0 NOT PAY 4513280 LBT 11MMU MUFAvullak fdraWT Ma EXPIRES ALLIED UNNERSAL CORP RENEWAL SEPTEMBER 30, Mi 3901 NW 115TH AVE 4711819 DDRAL FL 33178 Muss be diePl;yod at pfm v of b udnesa Pursuant to County Gad• Cheater 9AA -- Art, 9 & V M.N. y� SEC. TYrP_9F HI:S� A. iL ) 0��e�s� CQRF 207 A MIN OFFICi` OPp8ATION CTR PAYsaen of{LiYfB aT f 0Lr couirm %135.00 08/14/2020 Lmplvyee(S) 30 FPPU14-20-016090 TAG Local Bu:iawa Tew RecmPl only carrlirma �k also Laset JL0*hw a Tax. The Reealvt fB meta 5mmW permit Of a aenificadm of fire haldda�s lilirat W es b0shm , Nalier+swl Q+APf! s,qy {� `4 nanpovarra-+eAW 1e110letary law* end 1"Or ae t wihkfr a"tr Is tlN iwfeess. Tha RECEitT Nit ebays roads dll*pfeyed as A ewmswelef vehicias - mkwjj-G&da Cede &C de-2)g f+ar�orslnformativbrhkf4Y�i�>�,yvrlq�irf�vy DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 State of Florida Department of State I certify from the records of this office that ALLIED UNIVERSAL CORP. is a corporation organized under the laws of the State of Florida, filed on January 31, 1955. The document number of this corporation is 183054. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed on April 7, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at TaAakassee, the Capital, this the Thirteenth day ofMay, 2014 16N 04k� - IN SecretM of State Authentication ID: CUOUISM4 To authenticate this certificate,visit the following siteenter this II), and then follow the instructions displayed https://efik.sunbiz.orgtce,rtautbvtr.btmi DocuSign Envelope ID: C78879A9-35A4-4C97-l308C-AD1DE184A4D0 9/3/2021 Detail by Document Number DIVISION OF CORPORATIONS l rg _ = (fit llorldb stu/r3irt 02oartment of State / Division of Co rations / Search & rd f Search y Document Number I Detail by Document Number Florida Profit Corporation ALLIED UNIVERSAL CORP. i i g_Information Document Number 183054 FEUEIN Number 59-0776285 Date Filed 01/31/1955 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 06/28/1977 Event Effective Date Principal Address NONE 3901 NW 115 AVENUE MIAMI, FL 33178 Changed: 04/27/2001 N611UN Address 3901 NW 115 AVENUE MIAMI, FL 33178 f Changed:04127/2001 Registered Agent Name & Address NAMOFF, ROBERT 3901 NW 115 AVENUE MIAMI, FL 33178 Name Changed: 04/27/2001 Address Changed: 04/27/2001 Officer/Director Detail Name & Address Title CD NAMOFF, ROBERT 3901 NW 115 AVENUE MIAMI, FL 33178 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDotail?inquiryTypa=DocumentNumber&aggragateld=domp-18305"7l c24bB-e9d2-4bfi-8... 1 /3 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 9/3/2021 Title PD PALMER, JAMES 3901 NW 115 AVE. MIAMI, FL 33178 Title T KOVEN, MICHAEL 3901 NW 115 AVE. MIAMI, FL 33178 Title VPD RUBIN, RONALD 3901 NW 115 AVENUE MIAMI, FL 33178 Title Director, VP Namoff, Gregory 3901 NW 115 AVENUE MIAMI, FL 33178 Annual Reports Report Year Filed Date 2019 04/09/2019 2020 05/29/2020 2021 04/11/2021 Document Imaag$ 04/11/2021 — ANNUAL REPORT View image in PDF format 05/29/2020—ANNUAL REPORT_ View image in PDF format 04/09/2019 — ANNUAL REPORT View image in PDF format 04/10/2018 --ANNUAL REPORT View image in PDF format 03/31/2017 — ANNUAL REPORT _ View image in PDF format 03/14/2016 — ANNUAL REPORT View image in PDF format 04/01/2015 — ANNUAL REPORT View image in PDF format 04/07/2014 — ANNUAL REPORT View image in PDF format 04/04/2013 —ANNUAL REPORT Mew image in PDF format EW0 /201 — ANNUAi REPORT View image in PDF format 04/22/201I -- ANNUALBEPORT View image in PDF format J 04/08/2010 —ANNUAL REPORT Mew image in PDF format 03/10/2009 — ANNUAL REPORT View Image in PDF format 02/08/2008 — ANNUAL REPORT View image In PDF format 05/11/2007 -- ANN UAL REPORT View image in PDF format 04/26/2006 —ANNUAL REPORT View image in PDF format ' 45/31/2005 — ANNUAL REPORT View image in PDF format Detail by Document Number I search.sunbiz.orgllnqulry/CorporationSearch/SearchResultDetail?inqulryType=DocumentNumber&aggregateld=domp-183054-d71 c24b8-e9d2-4bfl-8... 213 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-ADiDE184A4D0 9/3/2021 04/12/2004 — ANNuaI RFPr1RT 05/05/200 — ANNUAI RFpnRT' 04/29/2002 --ANN 1AL REPORT 04/27/2001 -- ANNI lal RGpnRr 04/18/2000 — ANNUAL REPORT 04/22/1999 — ANNUAL REPORT 01/21/1998 — ANNUAL REPORT 02/18/1997 —ANN 1 REPORT ¢ /I$(1 1996 —ANNUAL REPORT 03/03/1995 —ANN lal RFpART Detail by Document Number View image In PDF format View image in PDF format View Image in PDF format View image in PDF format View Image in PDF format View image in PDF format -Mew image in PDF format View image in PDF format View Image in PDF format View image in PDF format Florida Department of State, Division of Corporations search.sunbiz.org/lnquirylCorporationSearch/SearchResuitDetail?inquiryType=DocumentNu tuber&aggregateld=domp-183054-d71 c24b8-e9d2-4bf1-8... 313 DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 EXHIBIT "E" (Award Letter) DocuSign Envelope ID: C78879A9-35A4-4C97-B08C-AD1DE184A4D0 OFFICE OF THE MAYOR Lynn Stoner, Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director October 7, 2021 Cristhianne Mungia Allied Universal Corporation 3901 NW 115 Avenue Miami, Florida 33178 Email: bids a allieduniversal.com CITY COUNCIL Denise Horland, President Erik Anderson, President Pro Tern Jennifer Andreu Timothy J. Fadgen Plantation Nick Sortal the grass is greener' RE: ITB No. 088-21; 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 October 6, 2021 meeting Consent Agenda Item No. 15, to Allied Universal Corporation. After the required protest period has passed (October 10, 2021 @4:30pm), a representative from the Procurement Department will be contacting you to execute a formal agreement. Pricing Information: Item No. Descri tion Unit Unit Price I. I Sodium Hypochlorite (NaOC1, Bleach) as specified herein TANKER LOAD I Gallon I $0.78/izal 2. Sodium Hypochlorite (NaOC 1, Bleach) as specified herein Tanker load is 5,000 gallons (Split between two of Plantation Gallon 0.768/ al locations) All equipment and/or services shall comply with "Technical Specifications", identified in/with ITB No. 088-21; 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, e,orge Barber, NIGP-PPA Procurement Administrator Email: Gbarber a Plantation.org 400 NW 73rd Avenue ♦ Plantation, Florida 33317 954.797.2205 ♦ www.plantation.org