6-2024-005 Polymer Supply Services.pdf

CONTRACT #2024-005

INVITATION TO BID

COVER SHEET

FINANCE & ADMINISTRATION DIVISION

CHRISTINA SACKETT, CFO

PURCHASING DEPARTMENT

STACY GUNDRY, PURCHASING SPECISLIST II

WEBSITE: http://www.tampabaywater.org E-MAIL: purchasing@tampabaywater.org

2575 ENTERPRISE ROAD

CLEARWATER, FLORIDA 33763-1102

BID/CONTRACT NO: 2024-005

TITLE: POLYMER SUPPLY SERVICES

BID SUBMITTAL DEADLINE: 3:00 p.m. Easter Daylight Time (EDT), on July 11, 2023

PUBLIC BID OPENING: 3:30 p.m. (EDT), on July 11, 2023

IMPORTANT NOTICE: Tampa Bay Water issues its solicitations electronically through its contracted vendor, Bonfire. All Addenda to such solicitations will be issued exclusively through Bonfire. If you have obtained this solicitation from a source other than Bonfire, you will not be listed on the planholders list and may not receive notification of any Addenda(s) issued. Failure to receive any issued addenda shall not relieve the Bidder from any obligation(s) contained in the addenda.

To access Tampa Bay Water solicitations, any resulting Addenda and Bid results, go to:

https://tampabaywater.bonfirehub.com. If you need assistance in registering with Bonfire send an email to:

Support@GoBonfire.com or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us.

http://www.tampabaywater.org/ mailto:purchasing@tampabaywater.org https://tampabaywater.bonfirehub.com/ mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us

[Version June 2018}

TABLE OF CONTENTS

(Bid and Contract Documents)

Title

Page(s)

Bid Data Page

Statement of “No Bid” Form

Part I General Information and Instructions

Part II General Conditions

Part III Additional Conditions

Part IV Bid Forms 17 Addenda Acknowledgment Form 18 Bid Price Form 19 Authorized Signatures 20 Non-Collusion Affidavit 22 E-Verify Form 23 Florida Bid Bond 24 Bidders Reference List 27

Part V – Technical Specifications 28

Part VI – Contract Forms and Exhibits

[Version June 2018}

BID DATA PAGE

KEY DATES AND IMPORTANT INFORMATION

BID TITLE: POLYMER SUPPLY SERVICES

BID NUMBER: 2024-005

DESCRIPTION OF BID: The intent and purpose of this Invitation to Bid (ITB) is to provide for the furnishing and delivery of Residual Dewatering, Coagulation Aid and Anionic Polymers to Tampa Bay Water, A Regional Water Supply Authority, designated water treatment facilities located in the Florida counties of Pasco, Pinellas and Hillsborough.

BID SUBMITTAL DEADLINE: July 11, 2023, at 3:00 p.m. (EDT)

BID SUBMITTAL INSTRUCTIONS:

Tampa Bay Water prefers and strongly encourages electronic submission of Bids through our e-procurement portal at https://tampabaywater.bonfirehub.com . Refer to Section 11 for more detailed instructions. Bidders unable to submit electronically are directed to deliver sealed Bids to the following address no later than the above-referenced Bid Submittal Deadline:

Tampa Bay Water Records Department – Attention: Purchasing

2575 Enterprise Road Clearwater, FL 33763

All hard copy Bids should be labeled with the Bidder’s name and marked “SEALED BID

FOR POLYMER SUPPLY SERVICES #2024-005”.

OPENING OF BIDS: Bids will be publicly opened at the above address on the date of the Bid Submittal Deadline at 3:30 p.m. (EDT).

BID BOND/SECURITY REQUIRED: No: _____ Yes:

If “Yes”, then the Bond/security shall be in the amount of Amount $5,000.00. Bidder is hereby directed to Part II General Conditions, Section 10 Bid Bond portion of this ITB for more information regarding the required Bond/security, if applicable.

https://tampabaywater.bonfirehub.com/

[Version June 2018}

STATEMENT OF “NO BID”

IMPORTANT NOTICE TO CONTRACTORS/SUPPLIERS: Your feedback is important to

us. If you do not intend to submit a Bid, please return this Statement of “No Bid” noting your reason below and email it to records@tampabaywater.org. You may also mail it to this address:

TAMPA BAY WATER

2575 ENTERPRISE ROAD

CLEARWATER, FL 33763

Bid Number: __________________________________________________________________

Title: ________________________________________________________________________

If you elect not to submit a bid/proposal, please indicate the reason below:

We do not offer this product/service or an equivalent

Our schedule would not permit us to perform

Insufficient time or resources to respond to solicitation

Unable to meet specifications

Specifications not clear

Unable to meet bond and/or insurance requirements

Specifications “too tight”/restrictive (i.e. geared to specific brand or manufacturer)

Subcontractor (submitted bid to General Contractor)

Other (please explain):_________________________________________ _____

Signature: _______________________________________ Date: ________________________

Name: _________________________________________ Title: __________________________

Company: _____________________________________________________________________

Address: ______________________________________________________________________

Telephone: __________________ E-Mail: ___________________________________________ mailto:records@tampabaywater.org

[Version June 2018}

PART I - GENERAL INFORMATION AND INSTRUCTIONS

1. BACKGROUND

Tampa Bay Water, A Regional Water Supply Authority, is requesting sealed Bids for Polymer Supply Services.

Tampa Bay Water is Florida’s largest provider of wholesale drinking water. Our mission is to reliably provide clean, safe water to the Tampa Bay region now and for future generations. We are a regional agency created by an inter-local agreement among our member governments through state enabling legislation. We have a nine-member Board of Directors made up of representatives from the three counties and three cities we serve: Hillsborough County, Pasco County, Pinellas County, New Port Richey, St. Petersburg and Tampa.

Respondents can familiarize themselves with our agency at www.tampabaywater.org. Tampa Bay Water was recreated in 1998 as the out-growth of a two-year negotiation process that changed the name, structure and operations of the West Coast Regional Water Supply Authority. Our predecessor, the West Coast Regional Water Supply Authority, was created in 1974. Tampa Bay Water is now a multi-source provider of drinking water including groundwater, surface water, and desalinated seawater. Tampa Bay Water is a non-profit governmental agency funded through wholesale water rates by its member governments. Our member governments serve more than

2.5 million residents in the Tampa Bay area.

2. BID OVERVIEW AND BACKGROUND

The intent and purpose of this Invitation to Bid (ITB) is to provide for the furnishing and delivery of Residual Dewatering, Coagulation Aid and Anionic Polymers to Tampa Bay Water, A Regional Water Supply Authority, designated water treatment facilities located in the Florida counties of Pasco, Pinellas and Hillsborough.

3. BID PRICE FORM

Bidders submitting through Bonfire (Preferred) will be prompted to complete the Bid Table in the Requested Information section when submitting. Bids submitted through Bonfire remain electronically sealed and are not visible to Tampa Bay Water or other Bidders until after the Bid is closed.

Bidders providing hard copy submittals must complete the Bid Price Form included herein. The Bid Price Form shall be completed in ink or typewritten. Bidder must fill in all blank spaces on the Bid Price Form. No changes shall be made in the wording or format of the forms. In case of a discrepancy between unit prices and extended totals, unit prices shall prevail.

No addition or deletion of the terms or conditions included with the Bid response shall be evaluated or considered and any and all such revisions shall have no force or effect and are inapplicable to this Bid. No submission by the Bidder, whether purposely or inadvertently in any transmittal letters, specifications, literature, price lists or warranties may constitute a revision to these instructions. It is understood and agreed that the instructions and the general and special conditions in this Bid solicitation are the only conditions applicable to this Bid and Bidder’s authorized signature affixed to the Bid response constitutes acknowledgment of this fact.

Any Bid may be deemed non-responsive which contains omissions, erasures, alterations, or additions of any kind, or prices uncalled for, or which may be obviously unbalanced, or which in any manner shall fail to conform to the requirements provided for herein.

4. ADDITIONAL INFORMATION REQUIREMENTS

http://www.tampabaywater.org/

[Version June 2018}

Prior to a recommendation for award, Tampa Bay Water will require the apparent low Bidder to demonstrate qualifications to furnish the specified goods and/or services under the Contract.

Bidders must be prepared to submit written information requested by Tampa Bay Water within five (5) business days of a request. Tampa Bay Water may review Bidder’s prior experience, references and previous contracts for similar goods and/or services. In addition, Tampa Bay Water may request the Bidder’s: three (3) most recent audited financial statements; unaudited financial statements if audited statements are not available; Balance Sheets; Income Statements;

Statements of Cash Flows; or other documents approved by Tampa Bay Water which establish the financial health of the Bidder. As an alternative method of providing financial assurance of the Bidder’s ability to perform, Tampa Bay Water may consider a letter of credit issued by an acceptable surety in an amount sufficient to secure the Bidder’s completion of the work.

5. BID DOCUMENTS NECESSARY FOR SUBMITTAL

The Bid Price Form, all documents listed in the “Requested Document” section in the Bonfire portal and an electronic copy of bid security (if applicable) shall be included with electronic submittal of the Bid. The original bid security (if applicable) must be delivered via mail, courier (UPS, FedEx, etc.) or in-person. The following documents, together, comprise a responsive Bid.

Make sure to prepare the documents in the file formats (Excel, PDF, etc.) listed under the Requested Information section for this opportunity in the Bonfire Portal.

• Bid Price Form (Hard Copy Submittals Only)

• Authorized Signature Form

• Non-Collusion Affidavit Form

• E-Verify Affidavit Form

• Bid Bond or Cashier’s Check (copy if submitting electronically)

• Bidder’s Reference List

• NSF Certification in Bidder’s name and primary distribution facility location.

• Regulatory Actions (including but not limited to copies of the following):

o Fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities.

o OSHA Form 300A Summary of Work Related Injuries and Illnesses log for the past three years (if Bidder utilizes a third party delivery company or affiliated company, then they shall submit the OSHA 300A Summary of Work Related Injuries and Illnesses log for that company as well).

o Names of any customers where its contract was terminated early (e.g., debarred) for safety, quality, or service issues for any product it supplies, over the past five (5) years.

o Detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury, and national Response Center Notifications (“safety incidents”) for all chemicals it delivery or manufacturers for the past five (5) years.

o Detailed information regarding all sentinel, catastrophic, hazmat clean-up or police activity, even if death or injury had not occurred.

Failure to disclose references, terminations, or safety incidents may result in Bidder being disqualified from bidding. Omission of, or failure to complete, any portion of the required documents at the time of the Bid opening may be cause for rejection of the entire bid.

6. SALES AND USE TAXES

Tampa Bay Water is exempt from State sales tax on equipment or materials purchased directly from the Bidder. Such taxes should not be included in the quoted prices.

7. COMPLETE PRICING

[Version June 2018}

All prices quoted must reflect delivered cost which includes all packing, handling, shipping charges, taxes, discounts and delivery to Tampa Bay Water. It is understood and agreed that all items offered or shipped as a result of this Bid shall be new, current, standard model available at the time of the Bid. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packing.

8. MULTIPLE BIDS PROHIBITED

Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, shall be considered. Should it appear to Tampa Bay Water that any Bidder has an interest in more than one Bid for the goods and/or services under the Contract, all Bids in which such Bidder has an interest shall be rejected.

9. AUTHORIZED SIGNATURE

Tampa Bay Water accepts electronic signatures. The Bidder shall sign its Bid in the appropriate blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above the signature, together with the signature of an officer(s) or agent(s) authorized to sign contracts accompanied by evidence of authority to sign on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts accompanied by evidence of authority to sign on behalf of the partnership. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a notarized power-of-attorney must accompany the Bid.

Failure to provide evidence of authority may cause the Bid to be regarded as not properly authorized and may subject it to rejection (disqualification).

10. SUBMITTAL REQUIREMENTS

11.1 Electronic Submittals: Electronic submittals are preferred and highly encouraged. Bids may be submitted electronically via Tampa Bay Water’s e-procurement portal at https://tampabaywater.bonfirehub. To submit responses electronically Bidders must register with Bonfire and follow the instructions in the portal. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. Maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files as the embedded files will not be accessible.

Bidders will have the ability to modify their submissions up to the Submission Deadline in Bonfire. Submissions must be uploaded, submitted, and finalized prior to the Bid Due Date of 3:00 p.m. (EDT), July 11, 2023. We strongly recommend that Bidders give themselves sufficient time and at least ONE (1) day before the Bid Due Date/Time to begin the uploading process and finalize submissions. Tampa Bay Water is not responsible for any technical problems in the electronic transmission and/or delay in receipt due to technical problems. Such electronic transmittal errors will not alter or effect the deadline date and time for receipt of Responses. If you require assistance please contact Bonfire at Support@GoBonfire.com.

11.2 Non-Electronic Submittals: For Bidders not able to submit electronically, original bids must be received in Tampa Bay Water's office located at 2575 Enterprise Road, Clearwater, Florida 33763-1102 no later than 3:00 p.m. (EDT), July 11, 2023. A signed original, and one digital copy on a CD or flash drive. Responses will be retained as property of Tampa Bay Water. As such, all responses are public record, subject to public review.

https://tampabaywater.bonfirehub/ mailto:Support@GoBonfire.com

[Version June 2018}

Sealed Bids must be submitted in accordance with the deadline and clearly marked "Sealed Bid" and addressed as follows:

TAMPA BAY WATER

2575 Enterprise Road

Clearwater, Florida 33763-1102 Attention: Records Department

TAMPA BAY WATER CONTRACT # 2024-005

11. PRE-BID CONFERENCE AND INQUIRIES

A Pre-Bid Conference will not be held for this ITB. To ask questions concerning this Bid solicitation process, required submittals, evaluation criteria, Bid Price Form, selection process or any other matter regarding this procurement bidders are strongly encouraged to register with Tampa Bay Water’s public purchasing portal at https://tampabaywater.bonfirehub.com and initiate the questions electronically through the Vendor Discussions feature. If you are unable to register in Bonfire send an email to purchasing@tampabaywater.org. Tampa Bay Water will accept additional written inquiries via the Vendor Discussion feature in Bonfire (preferred method) or at the email address above until the close of business on June 21, 2023. If additional information is provided, it will be provided to all Bidders via a written addendum through https://tampabaywater.bonfirehub.com and via link on Tampa Bay Water’s website.

12. COMMUNICATIONS/DESIGNATED CONTACT

Tampa Bay Water is committed to a fair, open process for interested parties to receive information about the Bid and/or award of the Contract. All questions concerning this Bid and/or the procurement process must be directed electronically through Bonfire on the Vendor Discussion page or submitted via email to purchasing@tampabaywater.org.

All inquiries are subject to distribution to all Bidders. Any contact with Tampa Bay Water staff, Board members, Tampa Bay Water Advisors (other than listed above), and other key Project stakeholders by a Bidder concerning any matter relating to this procurement is prohibited and is grounds for disqualification of the Bidder.

13. ADDENDA

Tampa Bay Water reserves the right to revise or amend this ITB. Such revisions and amendments, if any, shall be announced by Addenda to this ITB and posted via Tampa Bay Water’s online provider, Bonfire at https://tampabaywater.bonfirehub.com and available via link on Tampa Bay Water’s website. The Bid opening shall be at least five (5) working days after the last Addenda.

14. ACCEPTANCE AND RIGHT OF REJECTION

Bidder understands that Bids are to remain open for an acceptance period of ninety (90) days after the bid opening date for evaluation purposes. Tampa Bay Water reserves the right to reject all bids.

15. WAIVER OF MINOR IRREGULARITIES OR ERRORS

Tampa Bay Water reserves the right to either (1) waive any minor irregularities or clerical errors which are not material to the ITB or which do not prejudice other Bidders; or (2) to reject any and all Bids submitted as non-responsive. Conditional Bids or those which take exception to any provision of the ITB may be considered non-responsive and may be rejected.

mailto:purchasing@tampabaywater.org https://tampabaywater.bonfirehub.com/ mailto:purchasing@tampabaywater.org

[Version June 2018}

16. AWARD

Tampa Bay Water will award the Contract included herein to the lowest responsive, responsible Bidder deemed most qualified to provide the specified goods and/or services under the Contract included herein. The successful bidder must be registered to do business in the State of Florida.

Information regarding registration can be found at the Florida Department of State, Division of Corporations website at http://dos.myflorida.com/sunbiz.

Notification of Tampa Bay Water’s award resulting from this solicitation will be posted through Tampa Bay Water’s on-line provider, Bonfire at https://tampabaywater.gobonfire.com and accessible via link on Tampa Bay Water’s website.

http://dos.myflorida.com/sunbiz https://tampabaywater.gobonfire.com/

[Version June 2018}

PART II GENERAL CONDITIONS

BIDDER’S ACKNOWLEDGEMENTS

1. EXPENSES

Tampa Bay Water accepts no responsibility for any expenses incurred in the Bidders’ preparation of the Bids; such expenses are to be borne exclusively by the Bidders. All costs and expenses incurred by a Bidder, or any person working on behalf of a Bidder, in connection with the ITB, including the preparation and submission of a Bid, providing additional information, attendance at meetings, and any other actions taken by a Bidder in response to the ITB shall be the sole responsibility of the Bidder. Tampa Bay Water and its agents, officers and directors shall have no responsibility or liability for any costs, damages or expenses incurred by Bidder, team members or any other person as a result of this ITB.

2. INTERPRETATION

By submitting a Bid, Bidders acknowledge that Tampa Bay Water is the interpreter of these Goods and/or Services Contract Documents.

3. PUBLIC RECORDS

3.1. Each Bidder, by submitting a Bid, acknowledges the agency’s legal obligation in accordance with Chapter 119 of the Florida Statutes, to respond to all public records requests in a timely manner and expressly waives any right to contest, impede, prevent or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing or delaying such disclosure, unless the Bidder establishes its right to a public records exception. It is the responsibility of the Bidder alone to establish its right to any such exception. Under no circumstances will Tampa Bay Water be responsible or liable to a Bidder or any other party as a result of disclosing any such information or materials.

3.2. Each Bidder may clearly mark each page of the Bid that contains trade secrets or other confidential commercial or financial information which the Bidder believes should not be disclosed outside of the agency. Disclosure of requested information will be determined in accordance with Florida laws, rules and regulations. Bidders are informed that Tampa Bay Water is subject to the Florida Public Records and Sunshine Laws.

3.3. Each Bidder, by submitting a bid acknowledges and agrees that if awarded a contract as a result of this Bid the following conditions will be made a part of the contract.

a. Contractor must keep and maintain all public records required by the Agency in order to perform services under this Contract.

b. Upon request from the Agency’s custodian of public records, Contractor shall provide the Agency with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provide in Chapter 119, Florida Statutes, or as otherwise provided by law.

c. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency.

d. Upon completion of the contract, Contractor shall transfer, at no cost, to the Agency all public records in the possession of the Contractor or keep and maintain public records required by the Agency to perform the service under this contract. If the Contractor transfers all public records to the Agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All

[Version June 2018} records stored electronically must be provided to the Agency, upon request from the Agency’s custodian of public records, in a format that is compatible with the information technology systems of the Agency.

3.4. Each Bidder, by submitting a bid further understands that if awarded a contract, the following instructions will apply throughout the life of the contract.

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 CONTRACT, CONTACT THE AGENCY’S

CUSTODIAN OF PUBLIC RECORDS VIA PHONE (727) 796-2355 x

2401; EMAIL RECORDS@TAMPABAYWATER.ORG; OR MAIL AT 2575

ENTERPRISE ROAD, CLEARWATER, FLORIDA 33763.

4. CONTRACT FORM AND ACCEPTANCE

The Bidder has familiarized itself with the nature and extent of the Contract Forms included herein, the sites, the localities and all local conditions and laws and regulations that may in any manner affect cost, schedule, progress, performance or furnishing of the goods and/or services under the Contract included herein. Bidder accepts the terms and conditions of the Contract.

The Bidder proposes and agrees that if this Bid is accepted it shall enter into a contract with Tampa Bay Water in the form included herein as the Contract and perform and furnish all goods and/or services under the Contract for the Contract price, within the Contract time, and in accordance with the other terms and conditions of the Contract included herein.

5. CONTRACT EXECUTION, INSURANCE FORMS, AND BONDS

The Successful Bidder agrees that, upon receipt of the Notice Of Award, it shall execute and deliver to Tampa Bay Water two (2) copies of the Contract, the required Certificates Of Insurance, and the Florida Performance Bond and the Florida Payment Bond, (if applicable) all of which are included herein, within 15 business days of receipt of the Notice Of Award. No work can begin or goods delivered prior to Tampa Bay Water’s receipt and approval of the insurance and bond forms.

6. PROVISION FOR OTHER AGENCIES

Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to all Government agencies, departments, and municipalities the Bid prices submitted in accordance with said Bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. Tampa Bay Water shall not be liable for the obligations of any other agency which uses this contract under this provision.

7. CONVICTED VENDOR, DISCRIMINATORY VENDOR LISTS, AND

SCRUTINIZED COMPANIES LIST

7.1. Pursuant to Subsections 287.133(2) and (3), Florida Statutes, Bidder acknowledges that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases or real property to a public mailto:RECORDS@TAMPABAYWATER.ORG

[Version June 2018} entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of 36 months following the date of being placed on the convicted vendor list.

7.2. Pursuant to Subsection 287.134(2)(a), Florida Statutes, Bidder acknowledges that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;

and may not transact business with any public entity.

7.3. Pursuant to Section 287.135, Florida Statutes, Bidder acknowledges that a company that has been placed on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List; or the Scrutinized Companies that Boycott Israel List or a company that engages in a boycott of Israel, is ineligible and may not submit a bid, proposal, or enter into or renew a contract with an agency for goods or services of $1 million or more. At the time of submission of a Bid or proposal for a contract or contract renewal for goods or services of $1 million or more, the company must certify that it is not on either such List and further that it does not have business operations in Cuba or Syria as required by Section 287.135(5), Florida Statutes.

7.4. Pursuant to Section 287.135, Florida Statutes, Bidder acknowledges that Tampa Bay Water has the option to terminate any contract for goods or services of $1 million or more if the awarded company is found to have submitted a false certification as provided under Section 287.235 (5), been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria

7.5. Pursuant to Section 287.135, Florida Statutes, Bidder acknowledges that Tampa Bay Water has the option to terminate any contract for goods or services of any amount if the awarded company is found to have or been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

8. NOTIFICATION OF RIGHT TO PROTEST

Notification of Tampa Bay Water’s decision regarding this solicitation will be posted on Bonfire at https://tampabaywater.gobonfire.com and accessible via the link on Tampa Bay Water’s website.

9. FAILURE TO FILE A PROTEST

Failure to file a protest within the time prescribed in section 120.57(3), Florida statutes, or failure to post a bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. This includes, but is not limited to, any objection to or protest of this Invitation to Bid, Notice of Award, the form and content of the Bids, and/or the actions of Tampa Bay Water.

10. BID BOND

Electronic Bids received through Bonfire must be accompanied by a copy of a certified check, or cashier's check drawn on a bank in good standing, or the Florida Bid Bond included herein.

The Bid Bond must be issued by a surety authorized to issue such bonds in the State of Florida, in the amount of $5,000.00. The Florida Bid Bond included herein shall be given as a guarantee https://tampabaywater.gobonfire.com/

[Version June 2018} that the Bidder will not withdraw its Bid for a period of ninety (90) days after the opening of Bids.

When submitting the electronic bid, a copy of the Bid Bond should be submitted in the electronic package. The original Bid Bond, certified or cashier’s check must be delivered to Tampa Bay Water physically via mail, delivery service or in-person. If submitting electronically, banking information may be redacted on copies of checks. Original checks must be delivered physically and unaltered.

11. STATEMENT OF NON-COLLUSION

The undersigned, hereinafter called the Bidder, declares that the only person(s) or party(s) interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of Tampa Bay Water and that the Bid is made without any connection or collusion with any person submitting another Bid on the Contract included herein.

12. EMPLOYEE VERIFICATION

In accordance with Section 448.095 Florida Statutes, the Awardee/Contractor/Consultant agrees to register with and utilize the U.S. Department of Homeland Security’s E‐Verify system to verify the employment eligibility of all new employees hired during the term of the award/contract for the services specified in the award/contract. The Awardee/Contractor/Consultant must also include a requirement in subcontracts that the subcontractor must register with and utilize the E‐Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the award/contract term. If the Awardee/Contractor/Consultant enters into a contract with a subcontractor, the subcontractor must provide the Awardee/Contractor/Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Awardee/Contractor/Consultant shall maintain a copy of such affidavit for the duration of the award/contract. If Tampa Bay Water has a good faith belief that the Awardee/Contractor/Consultant has knowingly violated Section 448.09(1), Florida Statutes, Tampa Bay Water shall terminate the Contract with the Awardee/Contractor/Consultant, and the Contractor may not be awarded a contract with Tampa Bay Water for at least 1 year after the date on which the award/contract was terminated. The Awardee/Contractor/Consultant is liable for any additional costs incurred by Tampa Bay Water as a result of the termination of the award/contract. If Tampa Bay Water has a good faith belief that a subcontractor knowingly violated the law, but the Awardee/Contractor/Consultant has otherwise complied with the law, Tampa Bay Water shall promptly notify the Awardee/Contractor/Consultant and order the Awardee/Contractor/Consultant to immediately terminate the award/contract with the subcontractor.

13. CONSUMPTION ESTIMATES

The quantities appearing in the Bid Price Form are based on historical usage and Tampa Bay Water’s anticipated needs at the time of the solicitation. However, since changes can occur, they should be considered approximate and are intended for the solicitation of bids. Payment to the Successful Bidder will be made only for the actual quantities of items furnished in accordance with the bid and it is understood that the scheduled quantities of items to be furnished may be increased, decreased, or omitted without in any way invalidating bid prices.

14. MAXIMUM DELIVERY TIME

Maximum delivery is provided in the Technical Specifications. Failure to offer a delivery time within the maximum number of days specified may be considered a substantial deviation and be

[Version June 2018} cause for rejection. Time is of the essence and failure to meet the delivery time specified shall constitute a breach of contract.

15. F.O.B. DESTINATION – FREIGHT PRE-PAID

Successful bidder shall pay all shipping and/or freight charges. The Successful Bidder shall file all claims and bear responsibility for the products from the point of origin all the way to Tampa Bay Water’s specified delivery location(s). Bid prices shall be inclusive of all shipping and freight charges, prepaid, and unloaded to location(s) specified in the bid documents. Actual delivery addresses are in the Technical Specifications section or shall be identified at time of order.

16. SIMILAR SERVICES

The Bidder acknowledges and agrees that the separate prices on the Bid Price Form, where they are applicable and deemed acceptable by Tampa Bay Water, will be used by Tampa Bay Water and the Bidder, if awarded the Contract included herein, whenever similar service is added to the Contract.

17. FORCE MAJEURE

The Successful Bidder shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining, delivering or performing in the customary manner, by acts of God, declared disaster, fire, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government. The Successful Bidder shall provide Owner satisfactory evidence that non-performance is due to cause other than fault or negligence on its part.

18. NEW PRODUCT(S)

The Successful Bidder shall guarantee that the product(s) provided under this contract shall be new and shall be of first quality as to the raw materials and methods of manufacture used for said product(s). If circumstance arise causing the successful Bidder to offer reconditioned, used or refurbished product, the successful Bidder must first obtain permission in writing from Tampa Bay Water and shall resume providing new products at the earliest possible time.

19. VENDOR’S STOCK

The Successful Bidder shall agree to hold or maintain access to adequate stock of any item awarded in this Bid. The lead time(s) for such stock shall not exceed the lead time or maximum delivery time period(s) as specified in this bid. Should product not be available, Tampa Bay Water reserves the right to procure product from another source and charge any additional costs for such procurement including expedited shipping to the Successful Bidder.

20. WARRANTY

The Successful Bidder shall guarantee that all product supplied shall meet specifications upon delivery and be free from defects in material, composition or performance. Acceptance shall be specifically defined elsewhere in this document. Successful Bidder shall bear all costs to replace goods, their spare parts or components in full and/or repair defects within this timeframe, including transportation of goods to and from a designated repair facility and shipping costs of replacement parts.

[Version June 2018}

PART III ADDITIONAL CONDITIONS

1. OWNER’S RIGHTS

Tampa Bay Water reserves the right to reject any and all Bids, to waive any and all minor irregularities and technicalities, to negotiate terms with the successful Bidder, and reserves the right to disregard all nonconforming, non-responsive or conditional Bids and to re-solicit Bids, as maybe deemed to be in the best interests of Tampa Bay Water. Tampa Bay Water further reserves the right to delete line items from consideration. The decision made by Tampa Bay Water in selection of the successful Bidder and award of the Contract included herein will be final. Tampa Bay Water reserves the right, in its sole and absolute discretion, to:

a. Amend, suspend, or terminate this ITB;

b. Revise and modify, at any time prior to the Bid due date, factors it will consider in evaluating

Bids and to otherwise revise its evaluation methodology;

c. Extend dates, time periods or deadlines in this ITB;

d. Reject any and all Bids in whole or in part which are non-conforming, non-responsive, or conditional Bids;

e. Waive minor deficiencies, informalities, irregularities or defects in a Bid;

f. Suspend and/or terminate this procurement process at any time;

g. Reissue the same ITB or a different ITB for this project;

h. Hold meetings and conduct discussions and issue correspondence with one or more of the

Bidders to seek an improved understanding and evaluation of the Bids;

i. Use assistance of outside advisors (e.g., technical, financial, procurement and legal advisors) in the evaluation process;

j. Accept Bids that in its judgment will be in the best interest of Tampa Bay Water;

k. Suspend, discontinue and/or terminate Contract negotiations with any Bidder at any time prior to the actual authorized execution of such Contract by all parties; and/or

l. Exercise all rights available to it under this ITB and other provisions of applicable Florida law pertaining to this ITB without incurring any liability for costs, expenses or damages of any nature whatsoever suffered or incurred by any Bidder, team member or any other person.

2. DISQUALIFICATION

Without limiting the foregoing, Tampa Bay Water may disqualify and reject any Bidder (including its sub-consultants, affiliates, partners and parent organizations) that:

a. Fails to include information in its Bid required by this ITB;

b. Engages in conduct prohibited by this ITB;

c. Fails to obtain the agency’s consent for any action when required by this ITB;

d. Is involved in pending litigation concerning Tampa Bay Water or its Member Governments;

e. Submits false or misleading information in its Bid;

f. Has a conflict of interest;

g. Fails to disclose any information which, if disclosed, would materially adversely affect Tampa

Bay Water’s evaluation of the Bid; or

h. Otherwise fails to comply with or breaches any material requirement of this ITB.

3. NON-BINDING

The issuance of this ITB does not bind or obligate Tampa Bay Water to enter into a Contract with any person or legal entity, nor does the ITB constitute an offer to enter into a Contract with any person or entity. Tampa Bay Water and its agents and representatives are not liable for any delays, interruptions, failure or irregularities in sending or receipt of any communications or submissions, or for the loss, misdirection or corruption of any such communication by Bidder

[Version June 2018} with the agency. Bidder is solely responsible for meeting all deadlines and submission requirements of this ITB.

4. INITIAL TERM

The initial term of this contract shall be from date of award through September 30, 2024.

5. CONTRACT RENEWAL

Owner reserves the right to renew the contract for three (3) additional one-year period(s) from its expiration date. Renewal shall be contingent upon agreement by both parties to the same terms and conditions of the contract. Tampa Bay Water reserves the right to terminate the Contract per Section 5 of the General Contract Conditions.

6. SUPPLEMENTAL CONTRACT EXTENSION PERIOD

Tampa Bay Water has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to ninety (90) days period, at the same terms and conditions.

Notice of Tampa Bay Water’s intent to extend shall be provided in writing to the Awardee thirty

(30) days prior to the expiration of the contract, or the renewal period if the contract has been previously renewed.

7. PRICE ESCALATION/DE-ESCALATION

Tampa Bay Water will allow a price escalation/de-escalation provision within this award. The original bid prices shall be firm for a one (1) year minimum period from the date of the contract execution. A price escalation/de-escalation will be allowed only once per calendar year. The Successful Bidder must notify Tampa Bay Water, in writing, of the pending price escalation/de-escalation a minimum of 30 days prior to the effective date of the price escalation/de-escalation. In the case of a price escalation/de-escalation, said notification shall include, the amount of the price escalation, and suitable proof such as documentation of the manufacturer’s price increase (or insert the appropriate index reference CPI, PPI, etc.). Increases will apply only to products and/or services affected by an increase in a raw material, ingredient, labor, or another significant like cost factor. The proof must substantiate the increase and be approved by the Purchasing Manager. The price increase shall not change the Awardee’s profit margin. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein.

The Successful Bidder agrees to monitor market indicators and ensure that if market prices have decreased for like factors above, affecting supply and demand; that a price decrease is offered to Tampa Bay Water for the same period. Successful Bidder further agrees to provide a market evaluation to Tampa Bay Water once per calendar year as market conditions may dictate, but no later than 60 calendar days prior to each period expiration) to provide justification for a request for either an Escalation or a De-Escalation.

8. NON-APPROPRIATION OF FUNDS

In the event no funds or insufficient funds are appropriated for expenditures under this award, Tampa Bay Water will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to Tampa Bay Water on the last day of the fiscal year in which sufficient funds have been appropriated.

[Version June 2018}

PART IV BID FORMS

[Version June 2018}

ADDENDA ACKNOWLEDGMENT FORM

(USE FOR HARD COPY SUBMITTALS ONLY)

The Bidder acknowledges that he has received Addenda Number(s):

Number Addendum Title Bidder Initials

Bidder shall insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed Contract Forms, and the Bidder further agrees that its Bid is submitted after consideration of said addenda.

[Version June 2018}

BID PRICE FORM

(USE FOR HARD COPY SUMITTALS ONLY)

Line Item Description Unit

Est.

Annual

Qty Base Unit

Price Total Annual Price

A Furnish & Deliver Anionic Polymer, per Specifications Lbs. 5,000 x $ = $

B Furnish & Deliver Coagulation Aid Polymer, per Specifications Lbs. 244,000 x $ = $

C Furnish & Deliver Residual Dewatering Polymer, per Specifications Lbs. 55,000 x $ = $

PROPOSED TOTAL ANNUAL BID PRICE (A+B+C) = $

PROPOSED TOTAL CONTRACT BID PRICE

(Amount Written in Words)

Primary Distribution Facility (Location Address)

Firm Name

Firm Address

Authorized Signature Printed Name

Phone Number E-Mail Address

[Version June 2018}

AUTHORIZED SIGNATURES

Bidder: Complete the applicable Acknowledgement for An Individual Acting in His Own Right, A Partnership, A Corporation, or a Limited Liability Corporation, (LLC) according to your firm type.

FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT

STATE OF

COUNTY OF

SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by

, acting in an individual capacity. He/she is personally known to me OR has produced as identification and did (did not) take an oath.

Notary Public Signature

Print Name

My Commission Expires: (AFFIX NOTARY SEAL)

FOR PARTNERSHIP

COUNTY OF

SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by

, who is a partner on behalf of , a partnership. He/she is personally known to me OR has produced as identification and did

(did not) take an oath.

FOR A CORPORATION OR A LIMITED LIABILITY CORPORATION

COUNTY OF

SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by

, who is (Title) of

(Corporation Name) a corporation under the laws of the State of

, on behalf of the said corporation.. He/she is personally known to me OR has produced as identification and did (did not) take an oath.

[Version June 2018}

NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF

("Affiant"), being first duly sworn, deposes and says that:

1. Affiant is _________________________ of ________________________, (the "Bidder") and has submitted the attached Bid;

2. Affiant has personal knowledge of the matters set forth herein and is competent to testify;

3. Affiant is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting the Bid;

4. The Bid is genuine and is not a collusive or sham Bid;

5. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid, or has in any manner, directly or indirectly, sought by contract or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Tampa Bay Water or any person interested in the Contract.

By:

(Corporate Seal) Title:

Subscribed and sworn before me by means of physical presence or online notarization, this day of _______________ , 20____, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath.

Notary Public

My commission expires:

[Version June 2018}

TAMPA BAY WATER

CONTRACTOR/CONSULTANT/VENDOR

E-VERIFY AFFIDAVIT

STATE OF ______________________

COUNTY OF ____________________

BEFORE ME, the undersigned authority, appeared __________________________, who first being duly sworn hereby swears or affirms as follows:

1. I make this affidavit on personal knowledge.

2. I am over the age of 18 years and otherwise confident to make this Affidavit.

3. I am the _____________________________________ of

_________________________________________________ (the

“Contractor/Consultant/Vendor”).

4. I am authorized by __________________________________ to make this

Affidavit on behalf of Contractor/Consultant/Vendor.

5. Contractor/Consultant/Vendor acknowledges that Section 448.09, Florida Statutes, makes it unlawful for any person to knowingly employ, hire, recruit, or refer, for private or public employment, an alien who is not duly authorized to work in the United States.

6. Contractor/Consultant/Vendor acknowledges that Section 448.095, Florida Statutes, prohibits public employers, contractors, and subcontractors from entering into a contract unless each party to the contract registers and uses E-Verify.

7. Contractor/Consultant/Vendor is in compliance with the requirements of Sections

448.09 and 448.095, Florida Statutes.

8. Contractor/Consultant/Vendor understands it shall remain in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes, during the term of any contract with

Tampa Bay Water.

9. Contractor/Consultant/Vendor’s subcontractors are in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes.

[Version June 2018}

10. Contractor/Consultant/Vendor shall ensure compliance with the requirements of

Sections 448.09 and 449.095, Florida Statutes, by any and all of its subcontractors.

11. Neither the Contractor/Consultant/Vendor, nor any subcontractor of

Contractor/Consultant/Vendor, has had a contract terminated by a public employer for violating

Section 448.095, Florida Statutes, within the year preceding the date of this Affidavit.

12. If the Contractor/Consultant/Vendor, or any subcontractor of

Contractor/Consultant/Vendor, has a contract terminated by a public employer for any such violation during the term of any contract with Tampa Bay Water, it shall provide immediate notice thereof to Tampa Bay Water.

Signature of Affiant on behalf of Contractor/Vendor

By: __________________________________ As its: ________________________________ Dated: _______________________________

STATE OF ______________________

COUNTY OF ____________________

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this…