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EDB Piggyback City of Orlando
EXECUTIVE SUMMARY AGENDA ITEM: Request for advance approval to piggyback City of Orlando Contract #IFB21-0285 and USP Technologies(USP)Service Agreement for Chemical-Based Odor Control at Ridaught Landing Water Reclamation Facility(WRF) Date: February 7,2022 BACKGROUND: Clay County Utility Authority (CCUA) receives periodic and continuing odor complaints from neighbors south of the Ridaught Landing WRF. The odor is caused by hydrogen sulfide and originates at the plant headworks which is the process element in the facility at which flow from the service territory is received. Like most other CCUA plant headworks, openings that are not accessed regularly on the structure are covered and an odor control filter is incorporated. The odor control system has been inspected and is functioning properly but is not sufficient based on the proximity of neighbors and the sulfide load. as c a Common solutions to this type of issue are to completely cover the headworks (a portion over the o mechanical bar screen is open) or introduce an odor control chemical to the influent,using an oxidizer that neutralizes the sulfide. Covering the remainder of the headworks is a time- and capital-intensive z process and makes some electrical and mechanical equipment vulnerable to corrosive conditions. Staff ce has investigated and is recommending the oxidant approach to avoid this if possible. Staff sought a turnkey proposal from USP Technologies (USP). USP provides oxidant odor control services to numerous utilities in Florida as turnkey services. CCUA can access these through an existing,competitively bid contract.After a competitive bid process,City of Orlando awarded IFB#21- 0285 Hydrogen Sulfide Control Services to USP Technologies to provide turnkey services for equipment delivery, installation, and ongoing operation and maintenance, and USP will extend the same terms to CCUA. The equipment consists of a hydrogen peroxide storage tank and metering pump. USP Technologies has extensive experience in the oxidant approach and Staff has determined the conditions of the contract with USP Technologies to be fair, competitive, and reasonable. BUDGET: With a twelve-month agreement,USP Technologies will provide these services for$825.00 per month plus the cost of chemicals(50%hydrogen peroxide,H202,or"peroxide")at$4.19 per gallon.Peroxide use is estimated at fifty(50)gallons per day. The total estimated cost for a one-year service agreement to treat the odor issue is $86,386.00. Funding for the service will come from the Wastewater Depaitiiient Subcontractor budget. The 21/22 fiscal year budget for Wastewater Department Subcontractors is $830,582.00. //DD,AW, PS (Author) //PS,AW,LD (Review) //PS(Final) RECOMMENDATION: Staff respectfully requests the Board of Supervisors' approval to piggyback the City of Orlando Contract#IFB21-0285 Hydrogen Sulfide Control Services and the execution of USP Technologies twelve (12)month service agreement with up to four(4) additional options for annual renewals by mutual consent thereafter. ATTACHMENTS: City of Orlando Contract#IFB21-0285 Hydrogen Sulfide Control Services City of Orlando Letter of approval for piggyback USP Technologies extension of contract terms with CCUA Location Map USP Technologies Clay County Proposal dated January 21, 2022 //DD,AW, PS (Author) //PS,AW,LD (Review) //PS(Final) it CITY OF wIN ORLANDO August 24, 2021 Dan Kile, Regional Business Manager US Peroxide, LLC dba USP Technologies 1375 Peachtree St. NE, Suite 300N Atlanta, GA 30309 Subject: Contract No.IFB21-0285,Hydrogen Sulfide Control Services The_ attached contract is the City of Orlando's acceptance of your offer in response to IFB21-0285, Hydrogen Sulfide Control Service,and is subject to all terms and conditions therein, as well as any addenda to that solicitation. This contract is a thirty-six(36)month contract,effective August 24,2021,and will remain in effect through August 23, 2024. This contract may be renewed upon mutual agreement as provided in the solicitation.Any amendments to this contract must be in writing and signed by both parties to be valid,binding,and enforceable. to All invoices must reference the subject Contract Number. Invoices must be emailed to ap_invoices@cityoforlando.net or be submitted to the address below: Accounts Payable City of Orlando 4°i Floor, City Hall PO Box 4990 Orlando,FL 32802-4990 Please remember that only those goods/services specifically listed in this contract can be invoiced. The description and unit prices on each invoice must match the description and unit pricing in the subject contract. Invoices not meeting these requirements are considered improper invoices and will be returned. . 1 Sincerely, David Billingsley, CPSM, C.P.M. Chief Procurement Officer cc: Public Works/Water Reclamation Accounts Payable File PROCUREMENT AND CONTRACTS Orlando City Hall • 400 South Orange Avenue • Fourth Floor PO Box 4990 • Orlando, FL 32802-4990 P 407.246.2291 • F 407.246.2869 • cityoforlando.net/procurement CITY OF QCITY OF ORLANDO DATE: July 6, 2021 TO: All Bidders FROM: Tracie Mills,Purchasing Agent II Procurement and Contracts Division — SUBJECT: Hydrogen Sulfide Control Services Transmittal of Addendum Number Two (2) IFB21-0285 Please be advised of the following changes/clarifications to the subject solicitation. The solicitation is hereby changed accordingly. A. THE SOLICITATION DUE DATE IS HEREBY CHANGED: FROM: July 7,2021 at 2:00 p.m.,Local Time City of Orlando, FL TO: July 8,2021 at 2:00 p.m.,Local Time City of Orlando,FL FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions to received within 10 days of the Bid Opening date will not be given any consideration. Firms are reminded to review the original solicitation and all subsequent Addenda issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. In other respects, except as specifically stated above, all other terms and conditions of the solicitation remain unchanged. PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 Sarni ORANGE AVENUE•P.O.Box 4990.ORLANDo,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Hydrogen Sulfide Control Services IFB21-0285 Addendum Two (2) July 6,2021 SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number Two (2),by completing the information requested below and submitting this information with their Bid. Failure to do so may subject the Bidder to disqualification. -- ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED US Peroxide,LLC.dba USP Technologies NAME OF BUSINESS BY: Dr., A July 6,2021 SIGNATURE/DATE Dan Kile-Regional Business Manager to NAME&TITLE, TYPED OR PRINTED 1375 Peachtree St.NE Suite 300N MAILING ADDRESS Atlanta, GA 30309 CITIES, STATE,ZIP CODE ( 404 352-6070 Fax:404-352-6077 AREA CODE WITH TELEPHONE and FAX NUMBERS Rev:07.31.18 Page 2 of 2 CITY OF QiANDo DATE: July 2,2021 TO: All Bidders FROM: Tracie Mills,Purchasing Agent II Procurement and Contracts Division SUBJECT: Hydrogen Sulfide Control Services Transmittal of Addendum Number One(1) IFB21-0285 Please be advised of the following changes/clarifications to the subject solicitation. The solicitation is hereby changed accordingly. A. WRITTEN QUESTION RECEIVED: Question No. One(1): What is the duration of the contract if won? Answer No. One(1): The contract will be for a three-year term and may be renewed for two additional twelve month periods or portion there of. Please refer to Exhibit 2: Special Condition Clauses to item no. 1 (Contract Term). FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received within 10 days of the Bid Opening date will not be given any consideration. Firms are reminded to review the original solicitation and all subsequent Addenda issued. Finns are reminded to review the original solicitation and all subsequent Addenda issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. In other respects, except as specifically stated above, all other terms and conditions of the solicitation remain unchanged. PROCUREMENT AM)CONTRACTS DIVISION CITY HALL•400 Scum ORANGE AVENUE•P.O.Box 4990.ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Hydrogen Sulfide Control Services 1FB21-02$5 Addendum One(1) July 2,2021 SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number One (1),by completing the information requested below and submitting this information with their Bid. Failure to do so may subject the Bidder to disqualification. ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED US Peroxide, LLC.dba USP Technologies NAME OF BUSINESS BY. � July 6,2021 SIGNATURE/DATE Dan Kile-Regional Business Manager to NAME&TITLE,TYPED OR PRINTED 1375 Peachtree St. NE Ste 300N MAILING ADDRESS Atlanta,GA 30309 CITIES, STATE, ZIP CODE (404 )352-6070 Fax:404-352-077 AREA CODE WITH TELEPHONE and FAX NUMBERS Rev:07.31,18 Page 2 of 2 Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M. qq r t • P . CITY OF ORLANDO INVITATION FOR BIDS (IFS). IFB NUMBER AND TITLE: IFB21- 0285 Hydrogen Sulfide Control Services DATE OF ISSUE: June 16 ,2021 Non-Mandatory ri Mandatory n(If mandatory,you must attend one of the two meetings below) PRE-BID CONFERENCE, if applicable, on , 2021 Pre-Bid Location: N/A to 2nd PRE-BID CONFERENCE, if applicable, on ,2021 Pre-Bid Location: N/A DEADLINE FOR QUESTIONS June 28 ,2021,5:00 p.m.,Local Time, City of Orlando,FL DIRECT ALL QUESTIONS & Tracie Mills INQUIRIES TO: Phone: (407) 246-3633 Email: tracie.mills @orlando.gov City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 IFB DUE DATE: July 7 ,2021 IFB DUE TIME: 2:00 p.m., Local Time, City of Orlando,FL ONLY ELECTRONIC RESPONSES WILL BE ACCEPTED FOR THIS SOLICITATION - ALL OTHER RESPONSES SHALL BE CONSIDERED NON-RESPONSIVE R,v 01.05.21 Procurement and Contracts Division Page: 1 Hydrogen Sulfide Control Service IFB21-0285 — s, aP w vs { '" ;C t.:4A. if • The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses. To be responsive,bids for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive. Parking is available in the City Commons garage at the southwest corner of Boone Avenue and South Street. The City will not validate parking. Procurement and Contracts Division Page: 2 Hydrogen Sulfide Control Service IFB21-0285 • TABLE OF CONTENTS SECTION TITLE PAGE I. GENERAL INFORMATION ..4 II. SCOPE OF WORK—BRIEF DESCRIPTION 6 IIL BID SUBMITTALS 7 EXHIBITS EXHIBIT I SCOPE OF WORK EXHIBIT 2 SPECIAL CONDITION CLAUSES EXHIBIT 3 STANDARD TERMS AND CONDITIONS EXHIBIT 4 ELECTRONIC BID PRICING FORM(S)INSTRUCTIONS EXHIBIT 5 VIRTUAL MEETING INSTRUCTIONS ATTACHMENTS o ATTACHMENT A BIDDER'S QUESTIONNAIRE AND AUTHORIZED SIGNATORIES/NEGOTIATORS ATTACHMENT B BIDDER'S CERTIFICATION FORM ATTACHMENT C CONTRACT AND ACCEPTANCE FORM ATTACHMENT D MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM ATTACHMENT E VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM ATTACHMENT F CONFLICT OF INTEREST DISCLOSURE FORM ATTACHMENT G CONFIDENTIAL AND/OR PROPRIETARY INFORMATION EXEMPTION FORM ATTAC1 IMEN I I I ADDENDUM RECEIPT VERIFICATION FORM (If Applicable) Procurement and Contracts Division Page: 3 Hydrogen Sulfide Control Service IFB2I-0285 SECTION I—GENERAL INFORMATION 1. SOLICITATION INFORMATION: The City's Procurement and Contracts Division is the official source to obtain information relating to City of Orlando procurements. It is incumbent on the Bidder to obtain current bid and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as: a) Bid documents are available for download from the VendorLink website: You may access solicitation information by visiting the City's VendorLink website by copying the following link in your web browser: vendorlink.orlando.gov b) You may also contact the Procurement and Contracts Division at (407) 246-2291 or visit us during normal business hours, to obtain award information and other documents at: City of Orlando Procurement and Contracts Division to 400 South Orange Avenue, Fourth Floor Orlando,Florida 32801 Please remember, email notification is provided as a courtesy to our Bidders, but it is the Bidder's responsibility to check with the City of Orlando's website at: vendorlink.orlando.gov for current bid and other procurement information. We appreciate your interest in doing business with the City of Orlando. 2. SCHEDULE: The Cover page of this solicitation contains the scheduled calendar of events with important dates and times for this Solicitation. Dates and times are subject to change by the City's Chief Procurement Officer (CPO) or designee, at their sole discretion. If the Procurement and Contracts Division determines that it is necessary to change these dates or times prior to the Bid due date,the change will be announced via an addendum. 3. PRE-BID CONFERENCE: The purpose of a Pre-Bid Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement and Contracts Division and a technical representative from the using department will be present to discuss the solicitation. Procurement and Contracts Division Page: 4 Hydrogen Sulfide Control Service 1FB21-0285 Non-Mandatory Pre-Bid Conference: If a non-Mandatory Pre-Bid Conference is held, see the Cover Page of this solicitation for the location,date,and time. Mandatory Pre-Bid Conference: If a Mandatory Pre-Bid Conference is held, in order to be considered present for a Mandatory Pre-Bid Conference, a Bidder must have at least one (I) representative present and signed in on the Pre-Bid Sign-In Sheet. See the Cover Page of this solicitation for the location, date, and time. to Procurement and Contracts Division Page: 5 Hydrogen Sulfide Control Service IFB21-0285 — SECTION II— SCOPE OF WORK 1. BRIEF DESCRIPTION The City is seeking bidders to establish a service contract with a qualified company for corrosion and odor control in the pump stations and force mains of the City. The successful Contractor will be required to accomplish corrosion and odor control by the addition of hydrogen peroxide and PRI-SC (Peroxide Regenerated Iron Sulfide control) in a reliable and timely manner. Procurement and Contracts Division Page: 6 Hydrogen Sulfide Control Service IFB2l-0285 SECTION III-BID SUBMITTALS 1. Bidders are solely responsible for ensuring that their submittals are complete,uploaded and submitted in the VendorLink system by the bid due date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence. Bidders are expected to examine this solicitation, specifications, associated drawings, if any,and all instructions. Failure to do so will be at the Bidder's risk. Each Bidder shall furnish the information required on each bid submittal form and each accompanying sheet thereof on which an entry is made. The following items must be completed and uploaded as part of your electronic bid submittal. Failure to complete and return required forms may result in your bid being deemed non-responsive and not considered for award. a. Bid Pricing - All prices shall be entered online. For instructions on submitting Electronic Bid Pricing(which is required by this solicitation), See Exhibit 4. b. Attachment A - Bidder's Questionnaire. This form must be downloaded, completed, and uploaded as a part of the bid package. c. Attachment B - Bidder's Certification Form. This form must be downloaded, completed, signed, scanned,and uploaded as a part of the bid package. d. Attachment C - Contract and Acceptance Form. This form must be downloaded, completed, signed, scanned,and uploaded as a part of the bid package. e. Attachment D -Minority/Women-Owned Business Enterprise Participation Form. This form must be downloaded, completed, and uploaded as a part of the bid package. f. Attachment E - Veteran Business Enterprise Participation Form. This form must be downloaded,completed,and uploaded as a part of the bid package. g. Attachment F - Conflict of Interest Disclosure Form. This form must be downloaded,completed, and uploaded as a part of the bid package. h. Attachment G - Confidential and/or Proprietary Information Exemption Form. This form must be downloaded, completed, and uploaded as a part of the bid package. i. Attachment H - Addendum Receipt Verification Form. If an Addendum(s) is issued,this form must be downloaded, completed, signed, scanned, and uploaded as a part of the bid package. Procurement and Contracts Division Page: 7 Hydrogen Sulfide Control Service IFB21-0285 j. Copy of Bidder's current W-9 is to be signed and uploaded as a part of the bid package. k. Bid Security. If applicable. to Procurement and Contracts Division Page: 8 Hydrogen Sulfide Control Service 1FB21-0285 SCOPE OF WORK Please see Exhibit l (uploaded as a separate document)• — ■ ■ ■ to Procurement and Contracts➢ivision Page: 9 Hydrogen Sulfide Control Service IFB21-0285 — SPECIAL CONDITION CLAUSES Please see Exhibit 2 (uploaded as a separate document) — to Procurement and Contracts Division Page: 10 Hydrogen Sulfide Control Service IFB21-0285 EXHIBIT 3 STANDARD TERMS AND CONDITIONS 1. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a) All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this solicitation. b) To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a Bidder or potential Bidder (or on a Bidder or potential Bidder's behalf) to or with any officer, elected official (including the Mayor. and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding to the solicitation by a Bidder, or potential Bidder, including their agents, representatives and others on their behalf, shall be directed to the City's Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a Bidder or potential Bidder under the City's Procurement Code. c) Any questions by a Bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of bids. Any interpretation made to prospective Bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued,will be conveyed to all prospective Bidders no later than five (5) days before the date set for receipt of bids. Oral answers and written answers not answered in an Addendum issued by the Procurements and Contracts Division will not be binding. d) Bid openings shall be public, on the date and at the time specified on the bid form, with the total bid amount being read aloud. It is the Bidders responsibility to assure that their Procurement and Contracts Division Page: 11 Hydrogen Sulfide Control Service IFB21-0285 bid has been entered online no later than the due date and time of the bid opening. The Bidder's name and verification of bond submittal, if applicable, will be publicaly announced aloud at the Bid opening. 2. BIDDER QUAIL ICATION: Bids will be considered from Bidders who have adequate personnel and equipment and who are so situated as to perform prompt service or provide required goods. The City reserves the right to request information or conduct an inspection of the Bidder's facility and equipment prior to the award of the contract. Bids will be considered only from Bidders which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment,and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. 3. ALTERATIONS/CHANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail. 4. ADDENDA: It is the Bidder's responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from —- VendorLink, please ensure that you also download all such Addenda. The failure of a Bidder to submit acknowledgment of any Addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the Bid. 5. UNBALANCED BIDS: As determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response)to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are,or appear to be, excessively unbalanced. Procurement and Contracts Division Page: 12 Hydrogen Sulfide Control Service IFB21-0285 6. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids. 7. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 8. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the Bidder for a period of ninety (90) days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the bid. 9. QUANTITIES The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all Bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. 10. BIDDER'S CERTIFICATION FORM: Each Bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bids. The form should be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a Bidder to include this document with their bid submittal will be cause for rejection of the bid. 11. SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a Bidder for any item are not in agreement, the unit price alone shall be considered as representing the Bidder's intention, and the totals shall be corrected to conform thereto. 12. INSPECTION, ACCEPTANCE,AND TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Bidder. Procurement and Contracts Division Page: 13 Hydrogen Sulfide Control Service IFB21-0285 13. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City's bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company's standard forms,may result in your bid being declared non-responsive. 14. SPECIFICATIONS: a) The specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City's requirements. While the City endeavors to promulgate written specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten (10) days prior to the bid opening. b) If any proprietary,trade,brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired,and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality. c) In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the Bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each Bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal,or to reject as not being equal,any article the Bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid,the successful contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. d) Bidders are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the Procurement and Contracts Division Page: 14 Hydrogen Sulfide Control Service IFB21-0285 equipment and include any literature or other explanation of the equipment's quality or performance with your bid. e) The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. f) Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. • 15. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 16. PRICES AND TERMS: All prices must be firm for the delivery schedule quoted herein. All prices shall be bid to F.O.B. Destination delivered to any City of Orlando Department unless otherwise stipulated in the IFB. 17. TAXES: The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders. 18. POLITICAL SUBDIVISIONS: Under Florida Law, prices contained in State Contracts shall be available to the City of Orlando, who might wish to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City. 19. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder's risk. Procurement and Contracts Division Page: 15 Hydrogen Sulfide Control Service IFB21-0285 20. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. 21. MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the Bidder and must also clearly indicate the City of Orlando Purchase Order Number. 22. INVOICING AND PAYMENT: The Contractor shall be paid in accordance with Florida Statutes, upon submission of invoices to: AP_Invoices@cityoforlando.net or PO Box 4990, Orlando,.FL 32802-4990. Invoices are to be billed at the prices stipulated on the purchase order and/or as outlined in this solicitation. All invoices must show the Purchase Order Number and/or City Contract Number. 23. DISCOUNTS: Bidders may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified,whichever is later. Bidder is requested to offer price discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office,whichever is later. 24. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes,Local Government Prompt Payment Act. I. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor or other invoicing party shall consist of at least all of the following: a. a description (including quantity).of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them); Procurement and Contracts Division Page: 16 Hydrogen Sulfide Control Service IFB21-0285 b. the unit pricing, quantity and total amount due in accordance with the contract terms and conditions and applicable discount(s); c. the full name of the Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes(if they are different)and a telephone number; d. the Purchase Order or contract number as supplied by the City;and e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them;and if the contract requires any subcontractors or other parties to be bound by similar other"flow-down" requirements that those requirements have been complied with. • 2. Dispute Resolution In the event a dispute occurs between a Contractor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the City's Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 25. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2nd Floor, Orlando, Florida, 32801 or by calling(407) 246-2148. You may also email your request to records(2 orlando.gov. Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty (30)days after bid opening,whichever is earlier. Procurement and Contracts Division Page: 17 Hydrogen Sulfide Control Service 1FB21-0285 26. IRREGULAR BIDS: Submissions made on documents other than the ones furnished by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City's Chief Procurement Officer, however has the authority to waive minor irregularities. 27. CONTINGENT FEES: The Bidder warrants that no City official or employee was paid a fee,commission,gift,or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 28. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible Bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible Bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a Bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms, and service reputation of the Bidder. 0 29. AWARD OR REJECTION OF BIDS: The City's Chief Procurement Officer reserves the right to accept any, all or part of any bids,to waive minor irregularities, or to reject any, all or part of any bids, and to advertise for new bids, as the interest of the City may require. The City's Chief Procurement Officer also reserves the right to reject the bid of a Bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, may be considered by the City's Chief Procurement Officer: a. The ability, capacity,and skill of the Bidder to perform the service required. b. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified,without delay or interference. c. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service. _ Procurement and Contracts Division Page: 18 Hydrogen Sulfide Control Service IFB21-0285 f. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service. g. The quality, availability, and adaptability of the supplies, or services, to the particular use required. h. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the Bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City,or whether the Bidder's taxes or assessments are delinquent. j. Such other information as may be relevant or secured. 30. AWARDS: As the best interest of the City of Orlando may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any all bids or waive any informality or technicality in bids received. 31. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the work described herein to more than one responsive and responsible Bidder. In such cases where an award is made to more than one responsive and responsible Bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider's designation as primary, secondary or alternate. 32. PRICING AND ORDERING: warded Bidder shall honor all orders in accordance with the terms and conditions of theThe solicitationa and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified,the awarded Bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City. 33. RETURN OF PRODUCTS/EQUIPMENT: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return,for full credit, any unused items received which fail to meet the City's performance standards. Replacement items meeting Specifications must be submitted within a reasonable time Procurement and Contracts Division Page: 19 Hydrogen Sulfide Control Service IFB21-0285 after rejection of the non-conforming items. Unless a different time period is specified, the Contractor is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the contractor and include reference to an applicable Contractor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Contractor Invoice or Packing List. 34. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the Bidder's. Submission of a bid shall constitute acknowledgment by the Bidder that it is familiar with all such conditions. The failure or neglect of a Bidder to familiarize itself with the site of the proposed work, shall in no way relieve it from any obligations with respect to its bid. 35. RIGHT TO AUDIT RECORDS: • The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five(5) to years from the date of final payment under the contract and by the subcontractor for a period of five(5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period,the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period,whichever is later. 36. ASSIGNMENT: The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract,and shall keep the same under its control. 37. FISCAL YEAR FUNDING APPROPRIATION: a) Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. Procurement and Contracts Division Page:20 Hydrogen Sulfide Control Service IFB21-0285 b) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. 38. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at: https://www.municode.comilibrary/fliorlando/codes/code_of ordinances?nodeId=TITIICI CO CH7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 39. WARRANTY: Bidder warrants that all equipment, materials and workmanship, whether furnished by Bidder or its subcontractor(s), will comply with the City's specifications, drawings and other requirements. The Contractor,warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one(1) year from completion of the Work, the Contractor shall,at the City's option, either reperform such portions of the Work to correct such fault,defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City,which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the,work provided by other Contractors. 40. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, Bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful Bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization)with their bid,the City shall notify the Bidder of the City's intent to make an award and the Bidder shall submit such form properly executed (together with a letter of authorization, if necessary, as set forth below) within fifteen (15) calendar days of receipt of notice from the City. Unless such time is extended by the City, the failure of a Bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall be cause for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible Bidder or the City's Chief Procurement Officer may decline to Procurement and Contracts Division Page: 21 Hydrogen Sulfide Control Service IFB21-0285 make an award. Successful Bidders who default in properly executing the Contract and Acceptance Form after notification of the City's intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall be executed and notarized as follows: a) If the Contractor is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer(i.e., President,Vice President, C.E.O,or C.O.O.). b) If Contractor is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c) If the Contractor is a limited liability company, the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bind the company. d) If Contractor is a sole proprietorship, the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory's authority shall be submitted on the Contractor's stationery stating that the person who signed the form is duly authorized.to enter into such contract on behalf of the Contractor. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at(407)246-2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items'awarded and returned to the Contractor evidencing the City's acceptance of the bid. No award shall be final, and no Contractor shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. .Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando -- and the Contractor. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an awarded Contractor shall provide to the City with any required bonds, indemnities, and insurance certificate(s). 41. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the Procurement and Contracts Division Page: 22 Hydrogen Sulfide Control Service IFB21-0285 specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor. 42. CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City's Chief Procurement Officer (CPO) or the CPO's designee. 43. INDEMNIFICATION: The awarded Bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and employees' acts, or omissions associated with the contract. 44. INSURANCE: • a) General Insurance Requirements. Within seven (7) days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. The Certificate(s) of Insurance shall demonstrate that the awarded Bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven (7) days prior to the expiration date of an insurance policy, the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. b) Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all-purposes despite any conflicting provision in the Contractor's policies to the contrary. Procurement and Contracts Division Page: 23 Hydrogen Sulfide Control Service IFB21-0285 c) Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor's and his subcontractors' initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d) Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation, Employers' Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. e) Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f) Types of Coverage to be Provided. Insurance will be provided by the Contractor as may be required by the Special Conditions. If required,the awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" or "other states" endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers' compensation coverage must still be provided for all employees, sub- Procurement and Contracts Division Page: 24 Hydrogen Sulfide Control Service IFB21-0285 contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle,and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned,non-owned,or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and "Completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor's work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iv) Commercial Crime. Prior to performance as a result of award of this bid solicitation, the Contractor shall secure and maintain Commercial Crime Insurance or the equivalent covering all of Contractor's employees engaged in work as specified herein or having access to City buildings. The Commercial Crime Policy, with endorsement CR04010300 covering client's property shall provide a minimum coverage of $300,000 per employee/owner per occurrence and shall remain in effect for the entire contract period and any subsequent renewals. Evidence of required Commercial Crime Insurance shall be submitted to the Procurement and Contracts Division prior to commencing work. Procurement and Contracts Division Page: 25 Hydrogen Sulfide Control Service IFB21-0285 It is highly recommended that Bidders confer with their respective insurance carriers or brokers to determine, in advance of their bid submission, the availability and cost of this required insurance and related endorsement. (v) Installation Floater. Contractor shall purchase and maintain property insurance for the work at the site, including the value of any'City supplied materials and equipment in the amount of the full replacement cost thereof up to the value of the contract. This coverage shall be written on an all risk basis and shall provide coverage for physical loss or damage to the equipment on site, in transit and while temporarily in storage at the site or off site. Coverage shall also be provided for performance testing, and shall be maintained in effect until final payment is made unless otherwise agreed to in writing by the City. This policy shall include the interest of the City who is deemed to have an insurable interest and shall be listed as a named insured. (vi) Professional Liability. The Contractor shall also purchase,maintain, and keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy having minimum limits of $1,000,000, with a maximum deductible of$100,000 per claim and in the annual aggregate, or the Contractor shall provide the City with policy coverage wherein the insurer agrees to pay claims (up to the limits of coverage), and will thereafter recover the deductible from the insured Contractor. The errors and omissions policy shall be in effect and shall insure the Contractor's performance on City projects. (vii) Cyber Liability Coverage. To the extent that the Contractor/Supplier provides software, hardware, software or system development, consulting services, Internet/Application Service Provided services (e.g., outsourced functions such as web-hosting), or any other technology service, Technology Errors & Omissions (or technology professional liability coverage) insurance, including coverage for loss or disclosure of electronic data, media and content rights infringement and liability, network security failure and software copyright infrigment liability due to the failure of the Contractor's/Supplier's products or services with limits of not less than$1 0,000,000 per occurrence. If the Contractor/Supplier has access to Confidential Information, Privacy and Network Security (sometimes otherwise known as Cyber Liability) coverage which includes providing protection against liability do (a) system attacks, (b) denial or loss of service attacks, (c) spread of malicious software code, (d) unauthorized access and use of computer systems, (e) crisis management and customer notification expenses, (f)privacy regulatory defense and penalties and (g) liability arising from the loss or disclosure of confidential data with coverage limits of not less than$10,000,000.00 per occurrence. (viii)Garage Keepers Liability. Garage Liability Insurance in the amount not less than $1,000,000.00 combined single limit per occurrence for bodily injury and Procurement and Contracts Division Page: 26 Hydrogen Sulfide Control Service IFB21-0285 property damage endorsed to include: a. Automobile Service Operations; and b. Garage keepers legal liability. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,tools, equipment,and consumables, left on Cityproperty by the Contractor. 46. LICENSES: Unless otherwise extended by the City,the awarded Bidder will be required within fifteen (15) calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits, authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. 47. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity,may not submit a bid with .• a public entity for the construction or repair of a public building or a public work,may not submit a bid on leases of real property to a public entity,may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the ° threshold amount provided in §287.017 of the Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 48. PAYMENT OF SUBCONTRACTORS (FOR CONSTRUCTION PROJECTS ONLY) Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls,bills for materials,have been paid in full. Payments of subcontractors shall be — made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. 49. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded Contractor, the submission of any bid in response to this Invitation for Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. Procurement and Contracts Division Page:27 Hydrogen Sulfide Control Service IFB21-0285 50. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 51. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to ° make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work. Should public -- necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 52. AMERICANS WITH DISABILITIES ACT: Notwithstanding any provision of this solicitation to the contrary, persons with disabilities needing a special accommodation to submit a bid or participate in this solicitation should Procurement and Contracts Division Page: 28 Hydrogen Sulfide Control Service IFB21-0285 contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801, telephone number (407) 246-2291, not later than seven (7) days prior to the submittal date for accommodations related to the submittal, or seven (7) days prior to the date on which any other accommodation is needed. 53. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers,The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando's valued suppliers, your business may also achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • Direct electronic deposit to your primary banking account • Increase in working capital • Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • Reduced billing costs • Enhanced reporting • Increased sales as a"Preferred Supplier" Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all Contractors to accept the VISA ePayable solution. 54. EMERGENCY SUPPORT: It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency. 55. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in Procurement and Contracts Division Page: 29 • Hydrogen Sulfide Control Service IFB21-0285 advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor's performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions,which the subcontractor fails to perform properly. 56. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 57. GOVERNING LAW/VENUE Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. 58. FLORIDA PUBLIC RECORDS LAW To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2) (b) 1 through 4 of the Florida Statutes. 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 CUSTODIAN OF THE PUBLIC RECORDS AT C/O DEPUTY CITY CLERK, RECORDSAORLANDO.GOV, TELEPHONE NUMBER (407) 246-3538,400 S. ORANGE AVE., ORLANDO,FL 32801. 59. RECYCLED CONTENT: In support of the Florida's waste management laws, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper,plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that Bidders provide detailed information regarding any known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder's Questionnaire as provided in this solicitation. If the specifications contained herein require the use of recovered materials,by submitting a bid or response to this solicitation, a respondent agrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Contractor shall submit to the City's project Procurement and Contracts Division Page: 30 Hydrogen Sulfide Control Service IFB21-0285 manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract. 60. LIVING WAGE POLICY: As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at _. 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only for non-construction, all tiers for construction), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the • time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project.) "Living wage" means compensation for employment of not less than $14.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. The Living Wage rate of $14.00 per hour applies to solicitations issued by the City after January 1, 2021 and automatically adjusts to $15.00 per hour for solicitations issued after January 1, 2022. Unless amended by the parties, the applicable Living Wage rate in effect when the solicitation is issued shall be applicable for the entire term of the resulting contract, including any renewals. Necessary payroll documentation shall be provided to confirm compliance with this provision or the Respondent shall allow the City to audit (at Respondent's place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and proposal awards for services which involve City expenditures that exceed $100,000.00 per year. More particularly, this provision shall apply to single and multiple award Contracts for services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one Contract year. As for multiple award Contracts (Contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that Contract in any one-Contract year, regardless of whether such expenditure was to one Contractor or several, then the living wage provision shall apply to all Contractors who are a party to that award. For those Contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the Contract term, this provision will be applicable to that Contract in the next quarter. To further clarify, the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City's Living Wage Policy. 61. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be Procurement and Contracts Division Page: 31 Hydrogen Sulfide Control Service IFB21-0285 deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the Bidder's response, the order of precedence shall be the contract or purchase order, followed by the solicitation, and then the response to the solicitation. 62. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim,whether rightful or otherwise,that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 63. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, —- including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 64. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty,defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Procurement and Contracts Division Page: 32 Hydrogen Sulfide Control Service IFB21-0285 65. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 66. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary,the Contractor shall post signs warning against hazards in and around the work site. 67. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 68. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the - - City's final acceptance of the Work. 69. FEDERAL,STATE,AND LOCAL RULES/APPROVALS: • The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state. and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. Lack of knowledge by the Bidder will in no way be cause for relief from responsibility. Procurement and Contracts Division Page:33 Hydrogen Sulfide Control Service IFB21-0285 70. MISCELLANEOUS PROVISIONS: By submitting a bid, the Bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation,firm or person who submitted bids for the work covered by the contract and is in all respects fair and without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. —. The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase,provision, or other portion of the contract is, for any reason,held invalid or unconstitutional by a court or other body of competent jurisdiction,such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. The City's Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 71. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Section 287.135(2)of the Florida Statutes,"[a] company is ineligible to,and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of: 1. Any amount if, at the time of bidding on, submitting a proposal for,or entering into or renewing a contract,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to s.215.4725,or is engaged in a boycott of Israel;or 2. One million dollars or more if, at the time of bidding on, or submitting a proposal for, or entering into or renewing such contract,the company: a. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s.215.473,or • b. Is engaged in business operations in Cuba or Syria." Section 215.473 of the Florida Statutes defines a company to include "all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations,that exists for the purpose of making profit." By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law above are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition,if this solicitation is for a contract for Procurement and Contracts Division Page:34 Hydrogen Sulfide Control Service IFB21-0285 goods or services of one million dollars or more,by submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify the aforementioned certifications at each renewal of the Contract. The City may terminate any contract resulting from this solicitation if respondent or any of those related entities of respondent as defined above by Florida law are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i)it has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,or(ii)for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Notwithstanding the preceding,the City reserves the right and may, in its sole discretion,on a case by case basis,permit a company on such lists or engaged in business operations in Cuba or Syria to be eligible for,bid on,submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more,or may permit a company on the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any amount, should the City determine that the conditions set forth in Section 287.135(4)of the Florida Statutes are met. Accordingly, firms responding to this solicitation shall execute and return with their response an executed copy of the attached, Certification Regarding Prohibition Against Contracting With Scrutinized Companies. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response. 72. FAVORED CUSTOMER CLAUSE: Should the awarded Bidder (also referred to hereinafter as "Contractor"), of a contract resulting from this solicitation sell the same or substantially the same products or services as listed in this solicitation to another Governmental Agency, within the State of Florida, at a lower price than the price listed in this solicitation, the awarded Contractor agrees to extend that same discounted price to the City of Orlando. 73. DRUG FREE WORKPLACE By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug-free workplace in accordance with Florida Statute§287.087. 74. NON-DISCRIMINATION By submitting a response to this solicitation, a Bidder, for itself, its successors-in-interest, and its assigns, and as a part of the consideration hereof,does hereby covenant and agree Procurement and Contracts Division Page: 35 Hydrogen Sulfide Control Service IFB21-0285 that, 1) in the furnishing of goods or services to the City hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to this Contract on the grounds of such person's race,color, creed, national origin, age, disability, religion, sex, sexual orientation, gender identity, or marital status; and 2) the Bidder shall comply with all existing requirements concerning discrimination imposed by any and all applicable local,state, and federal rules, regulations, or guidelines, and as such rules, regulations,or guidelines may be from time to time amended. In the event of a breach of any of the nondiscrimination covenants described in this Subsection, the City shall have the right to terminate the Contract, for cause without liability,as described above. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE STANDARD CONDITIONS SHALL HAVE PRECEDENCE. 75. EMPLOYMENT ELIGIBILITY Employment Eligibility; E-Verify System. Pursuant to Section 448.095 of the Florida Statutes, prior to Contract execution and at all times during the term of the Contract, Contractor shall register with and use the .E-Verify system to verify the work authorization status of all newly hired employees. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating 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 and, if longer,for any additional audit period provided to the City in the Contract. Pursuant to Section 448.095(2)(c) of the Florida Statutes, the City, Contractor, or a subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. If the City has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, the City shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. Pursuant to Florida Statute, a contract terminated pursuant to subparagraph 1. or subparagraph 2. of Section 448.095(2)(c) of the Florida Statutes is not a breach of contract and may not be considered as such, and the City shall have no liability to Contractor, a subcontractor, or any entity or person arising from or related to such a termination. If the Contract with Contractor is terminated by the City pursuant to Section 488.095(2)(c),the Contractor may not be awarded a public contract for at least one (1)year after the date on which the Contract was terminated and Contractor shall be liable to the City for any additional costs incurred as a result of the termination of the Contract. ************:•******************************************************************** Procurement and Contracts Division Page: 36 Hydrogen Sulfide Control Service IFB21-0285 EXHIBIT 4 AO' ELECTRONIC BID PRICING FORM(S)INSTRUCTIONS The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses. All responsive Bidders to this solicitation must submit electronic bids. Paper responses will be deemed non-responsive. BID PRICE INSTRUCTIONS FOR BIDDERS: I. Once you have logged into your VendorLink account, go to the solicitation on which you want to bid. Then click on"Submit a Quote/Bid." 2. There are two methods to submit your pricing: a) . Method"a"- Download the Excel Quote/Bid Spreadsheet and upload it after completion. to i. Click on the VendorLink.xIs link to open a fillable MS Excel spreadsheet. ii. Complete the spreadsheet and save. Directions for completing the spreadsheet can be opened by clicking on the Directions.pdf link. iii. Upload the spreadsheet to VendorL ink. iv. Verify that your uploaded pricing is correct and appears on the Quote/Bid Items Requested section. b) Method "b"—Manually enter item pricing and other required information on the Quote/Bid Items Requested field(s)in VendorLink. 3. Unit prices for each item bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail. 4. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible Bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, Bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages may render such bids non-responsive. Procurement and Contracts Division Page: 37 Hydrogen Sulfide Control Service IFB21-0285 _ EXHIBIT 1 SCOPE OF WORK to Hydrogen Sulfide Control Service IFB21-0285 SCOPE OF WORK FOR HYDROGEN SULFIDE CONTROL SERVICE The City of Orlando referred to as "City" seeks to establish a service contract with a qualified company referred to as"Contractor" for corrosion and odor control in the pump stations and force mains of the City. The successful Contractor will be required to accomplish corrosion and odor control by the addition of hydrogen peroxide and Peroxide Regenerated Iron Sulfide Control (PRI-SC) in a reliable and timely manner. The service is to be provided at the following locations: 1. Lift Stations#1 and#7: 1300 East South Street,Orlando,Florida. 2. Lift Station#37: 2557 Regent Avenue,Orlando, Florida. 3. Lift Station#248: 900 Bennett Road, Orlando,Florida. QUALIFICATIONS: Bidder shall be actively in business and have performed the specified odor control/chemical feed systems for the domestic wastewater industry during the last five (5)years. Please provide documentation of this under the Bidder's Questionnaire Form. A. STANDARDS The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, and incidentals necessary for the execution, testing, installation, initial operation and continued performance of the dosing equipment and the accessories for the duration of the Contract. The City shall be responsible for providing water and 110 volts of electricity at each site. The Contractor shall provide the conduit and wiring to the connection point designated by the City. The City shall approve and make the final connection. • B. CHEMICALS 1. PRI-SC®Technology Iron-Ferrous Chloride Solution (FeC12) Concentration 24-28%FeC12 Specific Gravity 1.27— 1.32 Insoluble's 0.5%max 2. Hydrogen Peroxide 50%Solution,Technical Grade Odor: Odorless Appearance: Clear,colorless liquid Autoignition Temperature: Non-combustible Boiling Point: 1l0° (229° F) (40%); 114°C(237°F)(50%) Density/Weight Per Volume: 50%=9.98/lbs per gallon Evaporation Rate: > 1 (Butyl Acetate= 1) Flash Point: Non-combustible Freezing Point: -41.4°C (-42.5°F) (40%); -52°C (-62°F) (50%) Oxidizing Properties: Strong oxidizer pH: <-3.0 Solubility In Water: I00% Hydrogen Sulfide Control Service IFB21-0285 _ C. EQUIPMENT Liquid Storage and Feed Systems 1. Pumps—Pumps shall be dual electronic metering pumps with an output range suitable to the application and a discharge pressure of 100 pounds per square inch (psi). All wetted parts are chemically compatible stainless steel, teflon or ceramic. The pumps are skid mounted inside a containment enclosure a minimum of two metering pumps,both pumps shall have profiling capabilities to adjust to diurnal dosing patterns. The Contractor shall include a control panel capable of controlling the pump rate and containing the necessary remote telemetry equipment for operation and inventory management and provide an internet customer access for inventory control and daily usage. 2. Storage Tanks — Tanks for hydrogen peroxide and iron solutions shall be double wall construction. Tanks shall be constructed of polyethylene with special ultraviolet (UV) light stabilizers and no titanium or carbon based pigments (Phillips resin or eg). The hydrogen peroxide tanks shall be equipped with a 2" stainless steel fill line, aluminum quick connects, and a minimum 24" combined man way and vent. Iron solution fill lines shall be made from schedule 80 PVC and include an iron containment fill station to prevent and collect any potential leak or spill from contaminating the surrounding property. 3. Piping, Valves, and Fittings—All materials in contact with hydrogen peroxide shall be stainless steel (Schedule 80 PFC for iron systems) with Teflon or viton seals and 0-rings. Vented ball valves are required to prevent internal pressure buildup, and pressure relief valves shall be anywhere chemicals could be trapped. Each system is designed with antisiphon, check valves, calibration cylinders and a to pressure gauge. Iron systems also include filtering of produce with in line basket straining for easy dismantle and cleaning. D. SAMPLING All samples collected for analysis shall be grab samples or from approved auto sampling equipment. Acceptable methods of analysis are listed below: Liquid (grab)samples Procedure Total sulfide Std. Methods 4500-S2- D. Methylene Blue (Lamotte drop count kit) Dissolved sulfide Std.Methods 4500-S2"D. Methylene Blue(Lamotte drop count kit)except this uses pre-flocculation to remove insoluble sulfides pH Combination glass electrode Temperature NISI calibrated thermometer Total iron Std.Methods 3500-Fe D. Phenanthroline(Hach colorimeter) Ferrous iron Std. Methods 3500-Fe D. Phenanthroline(Hach colorimeter)but without hydroxylamine reduction step Dissolved iron Per total iron Hydrogen Sulfide Control Service IFB21-0285 Residual H202 DPD redox test strips(e.g.,EM Quant) Vapor samples(continuous datalogging) Procedure H2S,ppm App-Tek OdaLog (monitor/datalogger) E. OTHER REQUIREMENTS l. Weekly Monitoring, Optimization,and Data Analysis Weekly monitoring and sulfide profiling provide the data necessary to adjust dosing levels to assure optimum H2S control at minimum chemical costs. The Contractor shall monitor the City's system once a week by collecting data to determine aqueous and atmospheric hydrogen sulfide(H2S)levels,wastewater temperature,pH, and chemical residual. This data shall be evaluated and monthly reports charting trends and showing control levels shall be prepared and submitted to the City's Representative. Recommended changes in chemical dosing rates to control changing conditions shall also be provided to the City's Representative. After the City's Representative reviews the monthly monitoring data, the Contractor shall make the required chemical feed dosing changes to insure that the system optimization is being achieved. 2. Weekly Deliveries All chemical deliveries shall include a Material Safety Data Sheet(MSDS)and will be invoiced reflecting the delivery location and amount of chemical delivered in pounds based on weigh scale tickets and shall be submitted to the City's Representative on a weekly basis. If during the project,the stock supply is a strength above or below the specified range,then the unit price per gallon shall be adjusted accordingly to keep the price per pound of iron the same. 3. Quarterly Reports Quarterly reports shall be submitted to the City's Representative and should include a detailed list of product delivery by location,daily use rates,and costs. 4. Equipment Maintenance The Contractor shall maintain all the chemical storage and dosing equipment, as well as, major and preventative maintenance shall be carried out on an on-going basis. 5. Emergency Response Should an emergency exist at the pump station where the Contractor's equipment is in operation,the City shall immediately notify the Contractor and the Contractor shall take immediate action to resolve the situation. 6. Safety Training After the feeding equipment is in place,the Contractor shall hold a safety training session for the personnel designated by the City. The Contractor shall also conduct additional safety training of new personnel introduced into the work area on an as-needed basis. Safety equipment and training services shall meet all State and Federal government requirements. END OF SECTION EXHIBIT 2 SPECIAL CONDITION CLAUSES 1. CONTRACT TERM: It is the intent of the City to award a Contract for a three(3)year term to begin upon approval and execution by the City. The Contract may, by mutual assent of the parties, be renewed for two(2)additional twelve(l 2)month periods or portions thereof,up to a cumulative total of sixty(60)months. 2. REPORTING: The Bidder shall report sales and usage data to the City on an annual basis in MS Excel spreadsheet format. The following data at a minimum should be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Bidder's name • Reporting period • Department/Division/Location name • Order date • Item description • Manufacturer name • Manufacturer part number • Unit of measure • Quantity • Bidder's list price • Unit price • Extended price • Total purchase amount for the quarter Submission of requested Reports is the responsibility of the Bidder,without prompting or notification by the City. The Bidder will submit by email the completed reports to the Purchasing Agent identified in the Contract. The City shall work with the Bidder to develop the approved electronic format and content of the Contract Sales Reports to be used by the Bidder. Failure to provide reports may be grounds for default and/or cancellation of the Contract. 3. PERIODIC AND FINAL CLEANING The Contractor shall: a) Schedule periodic cleaning to keep the worksite and adjacent properties free from accumulations of waste materials, rubbish, and windblown debris resulting from Contractor's operations; b) Provide on-site container for the collection of waste materials, debris, and rubbish; Procurement and Contracts Division Page: 1 c) Dispose of waste materials, debris, and rubbish from the property; d) Upon completion of work in each area, provide final cleaning and otherwise return space to a condition suitable for use by the City; e) Conduct cleaning and disposal operations to comply with City codes, ordinances, regulations, and environmental laws. 4. INSURANCE REQUIREMENTS For this Bid,the following types of insurance that are checked are required. For details, please refer to Section 44 of the Standard Terms & Conditions. ✓ Workers Compensation and Employer's Liability ✓ Comprehensive Automobile Liability 1 Commercial General Liability ❑ Commercial Crime ❑ Installation Floater ❑ Errors and Omissions Policy to ❑ Privacy and Network Security Coverage ❑ Garage Keepers Liability 0 Procurement and Contracts Division Page: 2 Hydrogen Sulfide Control Services IFB21-0285 EXHIBIT 5 VIRTUAL BID OPENING Instructions to loin the solicitation opening virtual meeting: 1. Select a method to join Join a Microsoft Teams Meeting from your calendar,via dial-in number and conference ID,or sign in as a guest on the web. For information on joining a Microsoft Teams Meeting from the app or on the web, visit: https://support.office.com/en-us/article/join-a-teams- meeting 078e9868-f1aa-4414-8bb9-ee88e9236ee4 2. Choose your device and download Teams Go to https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app and download Microsoft Teams.You can use a smart phone,tablet,laptop, or desktop computer to download at no cost. Make sure to allow some extra time for the install before joining your first meeting. If you do not have one of the devices just mentioned, you can also call in to the meeting. If you cannot download the desktop or mobile application,follow the instructions to join a Microsoft Teams Meeting on the web. July 7 2021 2:00 PM , 3. Join the virtual meeting—Date: Time: a. Online: https://teams.microsoft.com/l/meetup-join/19% to 3ameeting_ZTgwZWZkZTAtOTJkNyOONjFiLWEwYzMtZGRjZTJmMWY2MzFm% 40thread.v2/0?context=%7b%22Tid%22%3a%227594da9b-294b-4acf-913b- d 159ae921564%22%2c%220id%22%3a%22ce27c136-b63a-4308-9b38- e9cd7fae1d5f%22%7d b. Call into the virtual meeting by dialing this phone number: +1 321-247-7568 c. Once dialed-in and prompted,enter the Conference ID: 119 530 777 0 Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting. 4. Provide live public comment An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed.When called, unmute your device and state your name and address for the record. EXHIBIT 5—Virtual Solicitation Opening Page 1 of 1 Hydrogen Sulfide Control Services IFB21-0285 ATTACHMENT A BIDDER'S QUESTIONNAIRE The following questionnaire is to be completed by the Bidder and provided with its bid submittal. If a question is not applicable, so indicate by writing"N/A". 1. Discount Payment Terms (if any): N/A %, if paid within days after receipt of invoice. 2. Is your company willing to accept the VISA ePayable solution for payment of all invoices? ❑ Yes ❑✓ No 3. Is your company willing to serve as a secondary supplier in the event your company is not selected for primary award? n Yes 71 No 4. CONTACT INFORMATION US Peroxide,LLC. dba USP Technologies Name of Company Justin Phillips to Name of Contact Individual 1375 Peachtree St NE Suite 300N Contact Address Atlanta, GA 30309 Contact City, State,Zip (949) 357-8990 Contact Telephone Number jphillips@usptechnologies.com Contact Email Address 14-855-4350 DUNS Number(Dun&Bradstreet) 5. EXPERIENCE: A. Years in business:25 years B. Years in business under this name: 19 C. Years performing this type of work: 19 6. LOCAL SERVICE FACILITY, IF APPLICABLE: A. Name of local service center:N/A B. Address of local service center: Attachment A- Bidders Questionnaire Page 1 of 3 Hydrogen Sulfide Control Services IFB21-0285 C. County local service center is located in: D. Contact: Telephone number: 7. SUBCONTRACTORS-for informational purposes only: If the bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work MIWBE VBE Certified? City Certified? (Y or N) (Y or N) N/A 8. RECYCLED CONTENT: A. List of items supplied containing recycled material and the percentage of recycled material contained in the items: 0 % B. Is your product packaged/shipped in material containing recycled content? Yes❑No I'' f C. Is your product recyclable after it has reached its intended end use?Yes C No1 to 9. REFERENCES: Please provide references related to the scope of work. Reference#1: Name:JEA-Jacksonvile Electric Authority Address:21 W. Church Street, Jacksonville,FL 32202 Telephone No.:904-665-8516 Fax No.:904-665-4238 Contact:Ryan Popko,P.E E-mail:poplar@jea.com Project/Contract Title: Hydrogen Peroxide&PRISC Technology for JEA Project Contract Number: 175925 Project/Contract Amount:Does not exceed$6,496,500.00 Project/Substantial Completion Date or Percent Complete: September 30th 2022 Reference#2: Name:City of Lake Worth Address: 1900 2nd Ave.North, Lake Worth, FL. 33461 Telephone No.:561-586-1719 Fax No.:561-586-1750 Contact:Judy Love E-mail:jlove@lakeworth.org Project/Contract Title: Waste water Odor Control Chemicals and Services Project Contract Number:BID#013-2821-17/JMA Project/Contract Amount:Does not exceed$260,000 Project/Substantial Completion Date or Percent Complete:March 31st 2022 Attachment A-Bidders Questionnaire Page 2 of 3 Hydrogen Sulfide Control Services IFB21-0285 Reference#3: Name:City of Boynton Beach Address: 124 E. Woolbright Road,Boynton Beach,FL 33435 Telephone No.:561-742-6423 Fax No.:561-742-6090 Contact:Joe Patemiti E-mail:patemitii@bbfl.us Project/Contract Title: Waste water Odor Control Chemicals and Services Project Contract Number:BID #013-2821-17/JMA Project/Contract Amount:Does not exceed$260,000 Project/Substantial Completion Date or Percent Complete:March 31st 2022 Reference#4: Name:Palm Beach County Address:301 N. Olive Avenue West Palm Beach,FL 33401 Telephone No.: 561-381-5307 Fax No.:561-246-2049 Contact:Rex McClung E-mail:rrwmcclung@pbcwater.com Project/Contract Title: Hydrogen Peroxide&PRISC Technology for Palm Beach County Project Contract Number:Contract is with Evoqua Project/Contract Amount: Project/Substantial Completion Date or Percent Complete:August 26th 2022 AUTHORIZED SIGNATORIES to The Bidder represents that the following persons are authorized to sign bids, and/or sign contracts and related documents to which the bidder will be duly bound. The City will verify all named signatories on Sunbiz.com. If the authorized person is not registered on Sunbiz.com,the bidder should provide with their bid submittal proof of authorization. Indicate Principal or Name Title Authorized Authority Tom Siller General Manager Authorized Authority Dan Kile Regional Business Manager Authorized Authority • Attachment A- Bidders Questionnaire Page 3 of 3 7/9/2021 Detail by Entity Name 'FLORIDA DEPARTMENT Of STATE" Division444 or CoPPOP,ATIOPIS iat DIVISION qf r'- '5.41/1012v CORPORATIONS ,, n,i rif7ir ktl.s,,„, +r1/(( irlrt iv hire° Department of Slate 1 Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company U.S. PEROXIDE, LLC Filing Information Document Number M04000000861 FEI/EIN Number 87-0715830 Date Filed 02/24/2004 State DE Status ACTIVE Last Event REINSTATEMENT Event Date Filed 03/31/2010 Principal Address 1375 Peachtree St NW to Suite 300N Atlanta, GA 30309 Changed: 04/24/2021 Mailing Address 1375 Peachtree St NW Suite 300N Atlanta, GA 30309 Changed: 04/24/2021 Registered Agent Name&Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 04/24/2006 Address Changed: 04/24/2006 Authorized Person(s)Detail Name&Address Title Manager Lutz, Robert search.sunbiz.org/InquirylCorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=USPEROXIDE M... 112 7/9/2021 Detail by Entity Name 1375 Peachtree St NW • Suite 300N Atlanta, GA 30309 Title Manager McFaden, Frank 1375 Peachtree St NW Suite 300N Atlanta, GA 30309 Annual Reports Report Year Filed Date 2019 03/21/2019 2020 05/11/2020 2021 04/24/2021 Document Images 0412412021--ANNIUAL-REORT View image in POE format ' 05/11/2020--ANNUAL REPORT ." View image in PDF format. 03/21/2019--ANNUAL REPORT; • • •View image in PDF format 02/05/2018--ANNUAL REPORT • View tinge in PDF format 02/27/2017--ANNUAL REPORT'.' Viewimage in PDF format 0i/25/2016--ANNUAL REPORT •View Image In.PDF format 02/23/2015--ANNUAL REPORT View image in PDF format J 0 /09/2014--ANNUAL REPORT View image in PDFformat 03/22/2013--ANNUAL REPORT • View image in PDF format _J 03/20/2012--ANNUAL REPORT View image.in PDF format 0711 5/201 1—ANNUAL REPORT . View Image in PDF format 03131/2010--Reinstatement • . View image'in PDF format• J 10/15/2006—Reinstatement • View image in.PDF format• J 03ms/2_007—ANNUAL REPORT 'View image in POE format I 03/06/2.007••-REINSI'AT�MENT View_image in PDF format I 04/24/2006—Reg.Agent Change View image in PDF format 1 04/19/2005—ANNUAL REPORT View image in PDF format • 02/24/2004—Foieign Limited Viiew image in PDF format Florida Department of State.Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=ln/ial&searchNameOrder=USPEROXIDE M... 2/2 Hydrogen Sulfide Control Services IFB21-0285 Reference#3: Name:City of Boynton Beach Address: 124 E. Woolbright Road,Boynton Beach, FL 33435 Telephone No.:561-742-6423 Fax No.:561-742-6090 Contact:Joe Paterniti E-mail:paternitij(a7bbfl.us Project/Contract Title: Waste water Odor Control Chemicals and Services Project Contract Number:BID#013-2821-17/JMA Project/Contract Amount:Does not exceed $260,000 Project/Substantial Completion Date or Percent Complete:March 31 st 2022 Reference#4: Name:Palm Beach County Address:301 N. Olive Avenue West Palm Beach,FL 33401 Telephone No.:561-381-5307 Fax No.:561-246-2049 Contact:Rex McClung E-mail:rrwmcclungApbcwater.com Project/Contract Title: Hydrogen Peroxide&PRISC Technology for Palm Beach County Project Contract Number:Contract is with Evoqua Project/Contract Amount: Project/Substantial Completion Date or Percent Complete:August 26th 2022 AUTHORIZED SIGNATORIES The Bidder represents that the following persons are authorized to sign bids, and/or sign contracts and related documents to which the bidder will be duly bound. The City will verify all named signatories on Sunbiz.com. If the authorized person is not registered on Sunbiz.com,the bidder should provide with their bid submittal proof of authorization. Indicate Principal or Name Title Authorized Authority Tom Siller General Manager Authorized Authority Dan Kile Regional Business Manager Authorized Authority • Attachment A- Bidders Questionnaire Page 3 of 3 r LISP technologies Bidders es 8. RECYCLED CONTENT: A. List of items supplied containing recycled material and the percentage of recycled material contained in the items: N/A, 0% USP supplies bulk liquid hydrogen peroxide in 4500-gal delivery lots for each customer. B, Is your product packaged/shipped in material containing recycled content? N/A USP supplies bulk liquid hydrogen peroxide in 4500-gal delivery lots via full size tractor trailer. We reuse the tractor trailers to make multiple deliveries per week. C. is your product recyclable after it has reached its intended end use?N/A Hydrogen peroxide decomposes to oxygen and water after oxidizing contaminants in a water treatment system to CITY OF ORLANDO-IFB21-0285 LISP TECHNOLOGIES HYDROGEN SULFIDE CONTROL SERVICE 1375 PEACHTREE ST NE 300N ATLANTA,GA 30309 Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT B BIDDER'S CERTIFICATION FORM I have carefully examined the Invitation for Bids, Instructions to bidders. Standard and Special Conditions, Specifications, Contract and Acceptance Form and any other documents accompanying or made a part of this Invitation for Bids. I hereby propose to furnish the goods or services specified in the Invitation for Bids at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90)days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. • I certify that all information contained in this bid, including all exhibits and attachments completed and submitted with this hid,is trutbiiil to the best of my knowledge and belief. I further certify that I am duly authorized to submit this hid on behalf of the bidder as its act and deed and that the I vendor/contractor is ready,willing and able to perform if awarded the bid, • I certify, under oath, that this bid is made without prior understanding, agreement. connection, discussion,or collusion with any other person, firm or corporation submitting a bid for the same product or service. I timber certify that no officer, employee or agent of the City of Orlando or of any other Proposer has a financial interest in this bid. .1 further certify., that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. State of (AJV ' US Peroxide, LLC, dba USP Technologies County of jrairt-f2j_g,..k_ __ • . NAME OF BUSINESS S worn tg(or affirmed)and subscribed before me ."---- i\\ this 2 day of.___ ...)Ly 20 al,by \L t") ------ I , . i ‘ ... SIGNATURE • Dan Kite-Regional Business Manager ____. ....... NAME&'FITI,E,TYPED OR.PRINTED iCt.,491-42461-.(4t. Signature of Notary 1375 Peachtree St NE Suite 300N Notary Public,State of • Le(A/ _ _ MAILING ADDRESS Atlanta, GA 30309 Personally Known CITY,STATE, ZIP CODE -OR- Produced Identification t'• . ,....) , o (4°4)352-6070 --- TELEPHONE NUMBER Type: . 1 Il A "s) __.1 ky 1 • ,..., (404),352-6077 Company Tax ID A FAX NUMBER. (rho My only reqn irks Company'fiu:(1)numbers. l'he City i$not requesting individual Axial security numbers.) dkile©usptechnologies.com E-MAIL ADDRESS SEAL-NOTARY PUBLIC StrAgT4A0rYIRGINIA MT DANK A .._I,E.,, ., ‘!! r,,A0M1 6719 Attachment B-Bidder's Certification Form .; .- • • — _ _______ • Hydrogen Sulfide Control Services IF11321-0285 ATTACHMENT C CONTRACT AND ACCEPTANCE FORM Upon execution of this contract below by the City of Orlando ("City"),the undersigned hereby agrees to provide all goods and services set forth in its bid in response to the above referenced solicitation ("Solicitation") in accordance with, and subject to, all terms, conditions, and provisions of the Solicitation at the prices set firth in the undersigned's bid for the items and work awarded to it by the City. 'This Contract and Acceptance Form together with the (i) Solicitation,including all addenda, and (ii) the undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the bid, all of which are hereby incorporated herein by this reference, shall constitute the formal written contract betwc a he City and the undersigned, — =x -• a .__....... _ State oI' J SIGNA"r' RE County of 1,1r1A0 Dan Ki{e-Regional Business Manager Sworn to(or affirmed)and subscribed before me NA ME&TITLE,TYPED OR PRINTED thisQ 'day of.7(,&.. .._,20a,by US Peroxide, LLC. dba USP Technologies ,n, a`� Q'y1`g� NAME OF BUSINESS /S• `nature of NotaryL� u 1375 Peachtree St NE Suite 3MON Notary Public,State of_ 0� MAILING ADDRESS Atlanta, GA 30309 Personally Know (arc @ INT* YAM'PUBLIC A E OF wa rV1(1.4 un SAMARAODOM-M&.Milk t0 fi'I'I ZIP C:ODi -OR ' w:' F ° F`i v� i CITY,ST `'w" `t C':•nr;ciG^ (IHCSf' II!tIY'2ae,a • PHONE: ( 404 )362-6070 Produced identification:---`--. FAX: 404 52-60T? 37�0715$30 t ._. ) Type of identification:., E-MAIL: dkilet usptechnoiogies,com ASINq NNaN4UNRN11Comose N N NNNNN NNN11NNNf NNN wR*#1041 NMN*NU*p* 00411011N1INSIONYMRl NRmwilionN FOR USE BY THE CITY OF ORLANDO ONLY This contract is awarded to the party listed above as a: Primary Supplier:,_x Secondary Supplier: This contract is for: All Item Numbers: x or Item Numbers: INITIAL CONTRACT TERM: August24,2021 to ALIusi23;2024 .. ACCEPTANCE,: APPROVED AS TO FORM AND LEGALITY CITY �OF OORRLLANDO,FLORIDA for the use and reliance of the *`e �L/ 1 �� City of Lando,Florida, onl . , By: Chief Procurement Officer Assis ant City Attorney ORLANDO,FI,URIC)A DAVID BILLINGSLEY,CPSM,C.P.M. Date: R v 5k •Z tp 20-Z1 Date:_,A &_ 2 Attachment C-Contract and Acceptance Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT D MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM: Chapter 57, Article II, Minority Business Enterprise (MBE), and Article III, Women/Owned Business Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE), respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to.Minority and Women/Owned Business Enterprises(MWBE). For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact: Minority Business Enterprise City Hall at One City Commons 400 South Orange Avenue - 8th Floor Orlando,Florida 32801 (407) 246-2623 If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the City stating that your company is certified by the City as a Minority/Women-Owned Business Enterprise: Business Name: N/A to Certification Number: Expiration Date: There shall be no third party beneficiaries of the Minority Business Enterprise or Women-Owned Business Enterprise provisions of this contract. The City of Orlando shall have the exclusive means of enforcement of the MBE/WBE Ordinance and contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57, Articles II and III. In order for a bidder to receive credit for MBE/WBE certification,the firm must be certified with the City of Orlando MBE/WBE Office on or before the date set for submittal of bids. City Code Chapter 57, Articles II and III, govern the City's Minority and Women Business Enterprise Programs. The awarded Bidder may be asked to meet with the City's M/WBE Department after the Notice of Intended Action-Award of Bid has been posted to discuss any potential subcontracting opportunities with City certified M/WBE firms. Attachment D-Minority/Women Owned Business Enterprise Participation Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT E VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM In order to foster economic development and business opportunities, promote the growth and development of local businesses, and rectify the economic disadvantages of service-disabled veterans and wartime veterans who have made extraordinary sacrifices on behalf of the nation, the City of Orlando has adopted a Veteran Business Enterprise ("VBE") Preference. For further information regarding this program,please refer to Chapter 7 of the Code of the City of Orlando. In order for a bidder to receive credit for VBE certification for this solicitation, the bidder must have its principal place of business in the Metropolitan Statistical Area (i.e. Orange, Lake, Seminole or Osceola Counties) and be a certified veteran business enterprise by the State of Florida Department of Management Services as set forth in Section 295.187 of the Florida Statutes as of the date set for submittal of bids. If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the State of Florida Department of Management Services stating that your company is certified as a veteran business enterprise: Business Name: N/A Certification Number: to Expiration Date: There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Preference Ordinance and any contract terms. No right of action for non- signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando. Attachment E-VBE Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT F CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Bid the name of any officer, director, employee or agent(or their spouse or child) who is also an employee or officer of the City of Orlando. Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest of more than five percent(5%)in the Respondents firm or any of its affiliates or subsidiaries. By submission of this Bid, the Bidder certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City(or their spouse or child), directly or indirectly, owns an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain, or in any other way effecting, the award of the contract to this Respondent. Disclosures: • N/A Name of Company: US Peroxide, LLC.dba USP Technologies to Attachment F-Conflict of Interest Disclosure Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT G CONFIDENTIAL AND/OR PROPRIETARY INFORMATION EXEMPTION FORM In accordance with the Proprietary Information Section of this Solicitation, please list below items, if any, that are to be considered confidential and/or proprietary and which are believed to be exempt from disclosure. If none,please indicate N/A. Detailed Explanation/Justification - - Page No. Section Applicable with specific language from the Florida Statute Exempting Law that would allow this item to be ConfidentiaVProprietary N/A to US Peroxide,LLC.dba USP Technologies Name of Company: Attachment G-Confidential& Proprietary Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT H ADDENDUM RECEIPT VERIFICATION Bidders must acknowledge each addenda on this form and upload document to the your bid submittal on vendorlink. Failure to acknowledge and upload EACH addenda may result in a non-responsive bid. The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each): Addendum No. 1 Dated 7/2/2021 Addendum No. 2 Dated 7/6/2021 Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated to US Peroxide, LLC. dba USP Technologies Company Signature Dan Kile Print Name Regional Business Manager Title Attachment H—Addendum Receipt Verification M �`h January 4, 2021 USP TECHNOLOGIES 1375 PEACHTREE ST. NE SUITE 300N ATLANTA GA 30309 USA To the attention of: Health, Safety and Environment Officer Thank you for your interest in Solvay Chemicals Inc. products. Enclosed is a Safety Data Sheet (SDS) for the product(s) purchased by your company. The SDS provides important health and safety information. We suggest that you review this document prior to handling the product. For the SDS to serve as an efficient means of hazard communication, it must be made available to all those who handle and are responsible for operations involving this product. We strongly urge you to distribute an SDS to all employees, handlers and users of this to product. In addition to health and safety information, the SDS contains information that may help you comply with chemical control laws and regulations. Please refer to Section 15 of the SDS for country specific regulatory information (i.e.WHMIS, etc.). SDSs in various languages for North America may be available on our website (www.solvaychemicals.us) or upon request to your local Sales Representative. If you have received this in error or wish to have the SDS redirected, please contact your Customer Account Representative. Thank you for thinking of Solvay for your chemical needs Sincerely, Dr. Marc A. Feldman, CMQ/OE Regulatory Affairs Manager Solvay Chemicals,Inc.,3333 Richmond Avenue,Houston,Texas 77098-3099,P.O.Box 27325,Houston,Texas 77227.7328 Tel:713.525,6500 FAX:713.525.7806 www.Solvay.com rJSP technologies Exceptions U.S. Peroxide LLC. Dba USP Technologies appreciates the opportunity to conduct business with you.To help provide the City of Orlando with the best and most cost-effective products and services we can offer,we respectfully request the opportunity to negotiate reasonable terms and conditions prior to finalizing the contract. to CITY OF ORLANDO-IFB21-0285 USP TECHNOLOGIES HYDROGEN SULFIDE CONTROL SERVICE 1375 PEACHTREE ST NE 300N ATLANTA,GA 30309 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 SECTION 1: identification of the substance/mixture and of the company/undertaking 1.1 Product identifier - Trade name INTEROX®Technical Grade 50 Hydrogen Peroxide - Chemical name Hydrogen peroxide - Synonyms Hydrogen peroxide, aqueous solution - Molecular formula H202 1.2 Relevant identified uses of the substance or mixture and uses advised against Uses of the Substance/Mixture - Bleaching agents - Chemical industry - Electronic industry - Metal treatment - Odor agents - Oxidizing Agents - Textile industry - Water treatment - Manufacture of pulp, paper and paper products 1.3 Details of the supplier of the safety data sheet Company SOLVAY CHEMICALS, INC. to 3737 Buffalo Speedway, Suite 800, Houston,TX 77098 USA Tel:+1-800-7658292;+1-713-5256800 Fax:+1-713-5257804 1.4 Emergency telephone FOR EMERGENCIES INVOLVING A SPILL, LEAK,FIRE, EXPOSURE OR ACCIDENT,CONTACT CHEMTREC(24-Hour Number): 800-424-9300 within the United States and Canada,or 703-527-3887 for international collect calls. Disclaimer The®indicates a Registered Trademark in the United States and the M indicates a trademark in the United States.The mark may also be registered,subject of an application for registration,or a trademark in other countries. P04000016413 Version:2.00 / US(Z8) : SOLVAY www.solvay.com 1/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 SECTION 2: Hazards identification Although OSHA has not adopted the environmental portion of the GHS regulations,this document may include information on environmental effects. 2.1 Classification of the substance or mixture -- HCS 2012(29 CFR 1910.1200) Oxidizing liquids, Category 2 H272: May intensify fire; oxidizer. Acute toxicity,Category 4 H302: Harmful if swallowed. Skin corrosion,Category 1A H314:Causes severe skin bums and eye damage. Serious eye damage, Category 1 H318:Causes serious eye damage. Specific target organ toxicity-single exposure, H335: May cause respiratory irritation. (Respiratory system) Category 3 2.2 Label elements HCS 2012(29 CFR 1910.1200) Pictogram Signal Word - Danger to Hazard Statements - H272 May intensify fire;oxidizer. - H302 Harmful if swallowed. - H314 Causes severe skin burns and eye damage. - H335 May cause respiratory irritation. Precautionary Statements Prevention - P210 Keep away from heat. - P220 Keep/Store away from clothing!combustible materials. - P221 Take any precaution to avoid mixing with combustibles. - P261 Avoid breathing dust/fume/gas/mist/vapors/spray. - P264 Wash skin thoroughly after handling. - P270 Do not eat,drink or smoke when using this product. - P271 Use only outdoors or in a well-ventilated area. - P280 Wear protective gloves/protective clothing/eye protection/face protection. Response - P301 +P312+P330 IF SWALLOWED: Call a POISON CENTER/doctor if you feel unwell. Rinse mouth. - P301 +P330+P331 IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. - P303+P361 +P353 lF ON SKIN(or hair):Take off immediately all contaminated clothing. Rinse skin with water!shower. - P304+P340+P310 IF INHALED:Remove person to fresh air and keep comfortable for breathing. Immediately call a POISON CENTER/doctor. - P305+P351 +P338+P310 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/doctor. - P363 Wash contaminated clothing before reuse. - P370+P378 In case of fire: Use water spray to extinguish. Storage - P403+P233 Store in a well-ventilated place. Keep container tightly closed. - P405 Store locked up. P04000016413 Version:2.00 / US(Z8) SOLVAY www.solvay.com 2/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Disposal - P501 Dispose of contents/container to an approved waste disposal plant. 2.3 Other hazards which do not result in classification - H401:Toxic to aquatic life. - Oxidizing - Contact with combustible material may cause fire. - Harmful by inhalation and if swallowed. - Causes bums. SECTION 3: Composition/information on ingredients 3.1 Substance - Not applicable,this product is a mixture. 3.2 Mixture - Synonyms Hydrogen peroxide, aqueous solution - Formula H202 - Chemical name Hydrogen peroxide Hazardous Ingredients and Impurities Identification number Chemical name Concentration j%] to CAS-No. Hydrogen peroxide(H202) 7722-84-1 >=59-<60 The specific chemical identity and/or exact percentage(concentration)of composition has been withheld as a trade secret. SECTION 4: First aid measures 4.1 Description of first-aid measures General advice - Show this material safety data sheet to the doctor in attendance. In case of inhalation - Move to fresh air. - Oxygen or artificial respiration if needed. - Victim to lie down in the recovery position,cover and keep him warm. - Call a physician immediately. In case of skin contact - Take off contaminated clothing and shoes immediately. Wash off immediately with plenty of water. - Keep warm and in a quiet place. - Call a physician or poison control center immediately. - Wash contaminated clothing before re-use. In case of eve contact - Call a physician or poison control center immediately. - Rinse immediately with plenty of water,also under the eyelids,for at least 15 minutes. - In the case of difficulty of opening the lids,administer an analgesic eye wash (oxybuprocaine). P04000016413 Version:2.00 / US(Z8) www.soivay.com `a. 3/20 SAFETY DATA SHEET INTEROX®Technical Grade 5Q Hydrogen Peroxide Revision Date 09/24/2020 - Take victim immediately to hospital. In case of ingestion - Call a physician or poison control center immediately. - Take victim immediately to hospital. _ - If swallowed, rinse mouth with water(only if the person is conscious). - Do NOT induce vomiting. Artificial respiration and/or oxygen may be necessary. - If victim is conscious: - If swallowed, rinse mouth with water(only if the person is conscious). - Do NOT induce vomiting. - If victim is conscious: - If swallowed, rinse mouth with water(only if the person is conscious). - Do NOT induce vomiting. - If victim is unconscious: - Artificial respiration and/or oxygen may be necessary. - If victim is unconscious: - Artificial respiration and/or oxygen may be necessary. 4.2 Most important symptoms and effects, both acute and delayed in case of inhalation Symptoms - Breathing difficulties to - Cough - pulmonary edema - Nausea - Vomiting Effects - Corrosive to respiratory system. Repeated or prolonged exposure - Nose bleeding - Risk of chronic bronchitis In case of skin contact Symptoms - Redness - Swelling of tissue Effects - Corrosive - Causes severe burns. In case of eye contact Symptoms - Redness - Lachrymation - Swelling of tissue Effects - Corrosive - Causes severe bums. P04000016413 Version:2.00 / US(ZB) SOLVAY www.solvay.com 4/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 - Small amounts splashed into eyes can cause irreversible tissue damage and blindness. In case of ingestion Symptoms - Nausea - Abdominal pain -- Bloody vomiting - Diarrhea - Suffocation - Cough - Severe shortness of breath Effects - If ingested,severe burns of the mouth and throat, as well as a danger of perforation of the esophagus and the stomach. - Risk of respiratory disorder 4.3 Indication of any immediate medical attention and special treatment needed Notes to physician - Take victim immediately to hospital. - Immediate medical attention is required. - Consult with an ophthalmologist immediately in all cases. - Bums must be treated by a physician. - If swallowed - Avoid gastric lavage(risk of perforation). - Keep under medical supervision for at least 48 hours. to SECTION 5: Firefighting measures Flash point Not applicable Autoignition temperature The product is not flammable. Flammability/Explosive limit No data available 5.1 Extinguishing media Suitable extinguishing media - Water - Water spray Unsuitable extinguishing media - None. 5.2 Special hazards arising from the substance or mixture Specific hazards during fire fighting - Oxidizing - Oxygen released in thermal decomposition may support combustion - Contact with combustible material may cause fire. - Contact with flammables may cause fire or explosions. - Risk of explosion if heated under confinement. - Risk of explosion by shock,friction,fire or other sources of ignition. P04000016413 Version:2.OD I US(Z8) , SOLVAY www.solvay.com 5/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 • Hazardous combustion products: - Oxygen - The release of other hazardous decomposition products is possible. 5.3 Advice for firefighters Special protective equipment for fire-fighters - Evacuate personnel to safe areas. - In the event of fire,wear self-contained breathing apparatus. - When intervention in close proximity wear acid resistant over suit. - Clean contaminated surface thoroughly. Further information - Keep product and empty container away from heat and sources of ignition. - Keep containers and surroundings cool with water spray. - Approach from upwind. - Prevent fire extinguishing water from contaminating surface water or the ground water system. - Keep product and empty container away from heat and sources of ignition. Keep containers and surroundings cool with water spray. - Approach from upwind. SECTION 6: Accidental release measures to 6.1 Personal precautions,protective equipment and emergency procedures Advice for non-emergency personnel - Evacuate personnel to safe areas. - Keep people away from and upwind of spill/leak. Advice for emergency responders - Use personal protective equipment. - Drying of this product on clothing or combustible materials may cause fire. - Keep wetted with water. - Prevent further leakage or spillage. - Keep away from incompatible products 6.2 Environmental precautions - Should not be released into the environment. - If the product contaminates rivers and lakes or drains inform respective authorities. - The product should not be allowed to enter drains,water courses or the soil. - If the product contaminates rivers and lakes or drains inform respective authorities. 6.3 Methods and materials for containment and cleaning up - Dilute with plenty of water. Dam up. - Do not mix waste streams during collection. - Soak up with inert absorbent material. - Keep in properly labeled containers. - Keep in suitable,closed containers for disposal. P04000016413 Version:2.00 1 US(Z8) SOLVAY www.solvay.com e3.. 6/20 SAFETY DATA SHEET • INTEROX®Technical Grade 50 Hydrogen Peroxide 4.. Revision Date 09/24/2020 - Treat recovered material as described in the section"Disposal considerations". - Dam up. Soak up with inert absorbent material. - Dilute with plenty of water. - Do not add chemical products. —- Treat recovered material as described in the section"Disposal considerations". - Never return spills in original containers for re-use. 6.4 Reference to other sections • - Refer to protective measures listed in sections 7 and 8. SECTION 7: Handling and storage 7.1 Precautions for safe handling - Use only in well-ventilated areas. - Before all operations,passivate the piping circuits and vessels according to the procedure recommended by the producer. - Use only clean and dry utensils. - Never return unused material to storage receptacle. - Keep away from heat. - Avoid inhalation,ingestion and contact with skin and eyes. - Keep away from incompatible products Hygiene measures to - Ensure that eyewash stations and safety showers are close to the workstation location. - Take off contaminated clothing and shoes immediately. - Wash contaminated clothing before re-use. - When using do not eat,drink or smoke. - Wash hands before breaks and at the end of workday. - Handle in accordance with good industrial hygiene and safety practice. - Use only in an area equipped with a safety shower. - Eye wash bottle with pure water 7.2 Conditions for safe storage, including any incompatibilities P04000016413 Version:2.00 / US(Z8) www.solvay.com 7/20 SAFETY DATA SHEET • INTEROX®Technical Grade 50 Hydrogen.Peroxide Revision Date 09/24/2020 Technical measures/Storage conditions - Keep only in the original container. - Store in a well-ventilated place. Keep cool. - Store in a receptacle equipped with a vent. - Keep in properly labeled containers. - Keep container closed. - Keep in a contained area - Keep away from heat/sparks/open flames/hot surfaces. No smoking. - Regularly check the condition and temperature of,the containers. - Keep away from: - Incompatible products - Keep in a cool,well-ventilated place. - Keep away from heat. - Keep away from combustible material. - Store in a receptacle equipped with a vent. - Store in original container. - Keep container closed. - Keep in a contained area - Regularly check the condition and temperature of the containers. - Information about special precautions needed for bulk handling is available on request. - Refer to protective measures listed in sections 7 and 8. - Do not confine the product in a circuit,between closed valves,or in a container without a vent. - In industrial installations,apply the rules for the prevention of major accidents(consult an expert). Packaging material to Suitable material - aluminum 99.5% - stainless steel 304L/316L - Approved grades of HDPE. 7.3 Specific end use(s) - Contact your supplier for additional information SECTION 8: Exposure controls/personal protection Introductory Remarks:These recommendations provide general guidance for handling this product. Because specific work environments and material handling practices vary,safety procedures should be developed for each intended application.Assistance with selection, use and maintenance of worker protection equipment is generally available from equipment manufacturers. 8.1 Control parameters Components with workplace occupational exposure limits Components Value type Value Basis Hydrogen peroxide(H202) TWA 1 ppm National Institute for Occupational Safety and 1,4 mg/m3 Health Hydrogen peroxide(H202) TWA 1 ppm American Conference of Governmental Industrial Hygienists Hydrogen peroxide(H202) TWA 1 ppm Occupational Safety and Health Administration 1.4 mg/m3 -Table Z-1 Limits for Air Contaminants P04000016413 Version:2.00 / US(Z8) AY ww.solvay.comSOCtd w 8/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 IThe value in mg/m3 is approximate. NIOSH IDLH(Immediately Dangerous to Life or Health Concentrations} Components CAS-No. Concentration Hydrogen peroxide(H202) 7722-84-1 75 parts per million 8.2 Exposure controls Control measures Engineering measures - Provide adequate ventilation. - Apply technical measures to comply with the occupational exposure limits. - Ensure adequate ventilation. - Apply technical measures to comply with the occupational exposure limits. - Refer to protective measures listed in sections 7 and 8. Individual protection measures Respiratory protection - Use respirator when performing operations involving potential exposure to vapor of the product. - When workers are facing concentrations above the exposure limit they must use appropriate certified respirators. - Respirator with a vapor filter(EN 141) - Recommended Filter type: ABEK-P2 - Self-contained breathing apparatus in confined spaces/insufficient oxygen/in case of large uncontrolled emissions/in all circumstances when the mask and cartridge do not give adequate protection. to - Use only respiratory protection that conforms to international/national standards. - Use NIOSH approved respiratory protection. - Wear an approved full-face air supplied respirator for excessive or unknown concentrations.Selected chemical cartridges for respirators, i.e.OV, OV/AG,GME have been tested successfully under lab conditions to remove hydrogen peroxide and peracetic acid vapors in concentrations exceeding the applicable exposure limits.Further information is available in a Solvay Chemicals, Inc.Technical Communication, located at http:/lwww,solvaychemicals.us/resource.htm in the Peractic Acid section. - Respirator with a vapor filter - Self-contained breathing apparatus in case of: 1)large uncontrolled emissions,2)insufficient oxygen, 3)the mask and cartridge do not give adequate protection. Hand protection - Impervious gloves - Take note of the information given by the producer concerning permeability and break through times,and of special workplace conditions(mechanical strain,duration of contact). - Protective gloves-impervious chemical resistant: PVC - Rubber gloves - Take note of the information given by the producer concerning permeability and break through times,and of special workplace conditions(mechanical strain,duration of contact). Suitable material - Nitrile rubber - Break through time:>480 min - Glove thickness: 1.3 mm - Nitrile/Neopren gloves - Break through time: 190 min - Glove thickness: 0.2 mm P04000016413 Version:2.00 / US(Z8) el: SOLVAY www.solvay.com 9/20 SAFETY DATA SHEET INTEROX®Technical Grade 5Q Hydrogen Peroxide - Revision Date 09/24/2020 Eye protection - Chemical resistant goggles must be worn. - If splashes are likely to occur,wear: - Tightly fitting safety goggles - Face-shield _. Skin and body protection - Impervious clothing - If splashes are likely to occur,wear: - Chemical resistant apron - Boots - Suitable material - PVC - Natural Rubber - Protective suit - If splashes are likely to occur,wear: - Apron - Boots - Suitable material - PVC - Natural Rubber Hygiene measures to - Ensure that eyewash stations and safety showers are close to the workstation location. - Take off contaminated clothing and shoes immediately. - Wash contaminated clothing before re-use. - When using do not eat,drink or smoke. - Wash hands before breaks and at the end of workday. - Handle in accordance with good industrial hygiene and safety practice. - Use only in an area equipped with a safety shower. - Eye wash bottle with pure water SECTION 9: Physical and chemical properties Physical and Chemical properties here represent typical properties of this product.Contact the business area using the Product information phone number in Section 1 for its exact specifications. 9.1 Information on basic physical and chemical properties Appearance Physical state: liquid Color: colorless Odor odorless Odor Threshold No data available Molecular weight 34 g/mol 2.0(70°F(21 °C)) P04000016413 Version:2.00 ! US(Z8) SOLVAY www.solvay.com 10/20 SAFETY DATA SHEET INTEROX®Technical Grade SO Hydrogen Peroxide Revision Date 09/24/2020 H202 50% pKa: 11.6(77°F(25°C)) Melting point/freezing point Freezing point:-62°F(-52°C) H202 50% Initial boiling point and boiling range Boiling point/boiling range:237°F(114°C) H2O2 50 Flash point Not applicable Evaporation rate(Butylacetate=1) No data available Flammability(solid,gas) Not applicable Flammability(liquids) The product is not flammable. Flammability)Explosive limit Explosiveness: Not explosive With certain materials(see section 10). Autoignition temperature The product is not flammable. Vapor pressure No data available Vapor density 1.02 Density Bulk density: Not applicable to Relative density 1.20 (68°F(20°C)) H202 50% Solubility Water solubility: soluble Partition coefficient: n-octanollwater log Pow: -1.57 Method:Calculation method Decomposition temperature >= 140°F(>=60°C) Self-Accelerating decomposition temperature(SADT) Decomposition temperature < 140°F(<60°C) Slow decomposition Viscosity Viscosity,dynamic: 1.17 mPa.s (68°F(20°C)) H202 50% Explosive properties No data available Oxidizing properties The substance or mixture is classified as oxidizing with the category 2. 9.2 Other information No data available SECTION 10: Stability and reactivity 10.1 Reactivity P04000016413 Version:2.00 / US(Z8) www.solvay.com 11/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 - Strong oxidizer. Contact with other material may cause fire. - Decomposes on heating with potential large quantities of gas release(oxygen). - Potential for exothermic hazard 10.2 Chemical stability - Stable under recommended storage conditions. 10.3 Possibility of hazardous reactions - Contact with combustible material may cause fire. - Contact with flammables may cause fire or explosions. - Contact with incompatible material may cause exothermic decomposition with gas release. - Risk of explosion if heated under confinement. - Fire or intense heat may cause violent rupture of packages. 10.4 Conditions to avoid - Contamination - To avoid thermal decomposition,do not overheat. 10.5 Incompatible materials - Acids - Bases - Metals to - Heavy metal salts - Powdered metal salts - Reducing agents - Organic materials - Flammable materials 10.6 Hazardous decomposition products - Oxygen - The release of other hazardous decomposition products is possible. SECTION 11:Toxicological information 11.1 Information on toxicological effects Acute toxicity Acute oral toxicity Hydrogen peroxide(H202) Acute toxicity estimate: 431 mg/kg -Rat, male and female Method:OECD Test Guideline 401 This product is classified as acute toxicity category 4 Unpublished reports Acute inhalation toxicity Hydrogen peroxide(H202) LC50-4 h(vapor): >0.17 mg/I -Rat Method:OECD Test Guideline 403 Not classified as hazardous for acute inhalation toxicity according to GHS. Unpublished reports P04000016413 Version:2.00 / US(Z8) www.solvay.com SO1 VAY 12/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Acute dermal toxicity Hydrogen peroxide(H2O2) Acute toxicity estimate : 6,440 mg/kg -Rabbit Method:OECD Test Guideline 402 Not classified as hazardous for acute dermal toxicity according to GHS. Unpublished reports Acute toxicity(other routes of No data available administration) Skin corrosion/irritation Causes bums. Serious eye damage/eve irritation Causes serious eye damage. Respiratory or skin sensitization Hydrogen peroxide(H2O2) Does not cause skin sensitization. Mutagenicity Genotoxicity in vitro Hydrogen peroxide(H2O2) Ames test with and without metabolic activation positive Published data Chromosome aberration test in vitro with and without metabolic activation to positive Unpublished reports Genotoxicity in vivo Hydrogen peroxide(H2O2) In vivo micronucleus test-Mouse Oral Method:OECD Test Guideline 474 negative Unpublished reports Carcinogenicity Hydrogen peroxide(H2O2) No data available This product does not contain any ingredient designated as probable or suspected human carcinogens by: NTP IARC OSHA Toxicity for reproduction and development Toxicity to reproduction I fertility Hydrogen peroxide(H2O2) No toxicity to reproduction Developmental Toxicity/Teratogenicity Hydrogen peroxide(H2O2) No toxicity to reproduction STOT STOT-single exposure P04000016413 Version:2.00 / US(Z8) SOLVAY www.solvay.com 13/20 SAFETY DATA SHEET INTEROX®"Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Hydrogen peroxide(H202) Routes of exposure: Inhalation Target Organs: Respiratory Tract May cause respiratory irritation. STOT-repeated exposure Hydrogen peroxide(H202) The substance or mixture is not classified as specific target organ toxicant, repeated exposure according to GHS criteria. Hydrogen peroxide(H202) Inhalation(vapor)90-day-Rat NOAEC: 7 ppm Target Organs: Respiratory Tract Method:OECD Test Guideline 413 Unpublished reports 90-day-Rat NOAEL: 100 ppm Target Organs: Gastrointestinal tract Method:OECD Test Guideline 408 drinking water Unpublished reports Experience with human exposure No data available Aspiration toxicity No data available SECTION 12: Ecological information to 12.1 Toxicity Aquatic Compartment Acute toxicity to fish Hydrogen peroxide(H202) LC50-96 h : 16.4 mg/I -Pimephales promelas(fathead minnow) semi-static test Analytical monitoring:yes Method:according to a standardized method Harmful to fish. Unpublished internal reports Acute toxicity to daphnia and other aquatic invertebrates Hydrogen peroxide(H202) EC50-48 h : 2.4 mg/I -Daphnia pulex(Water flea) semi-static test Analytical monitoring:yes Method:according to a standardized method Toxic to aquatic invertebrates. Unpublished internal reports Toxicity to aquatic plants Hydrogen peroxide(H202) ErC50-72 h : 2.62 mg/I -Skeletonema costatum (marine diatom) static test Analytical monitoring:yes Method:according to a standardized method Toxic to algae. Unpublished internal reports Toxicity to microorganisms P04000016413 Version:2.00 1 US(Z8) SOLVAY www.solvay.com 14/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Hydrogen peroxide(H202) EC50-0.5 h : 466 mg/I -activated sludge static test Analytical monitoring:yes Method: OECD Test Guideline 209 Unpublished internal reports Chronic toxicity to fish No data available Chronic toxicity to daphnia and other aquatic invertebrates Hydrogen peroxide(H202) NOEC: 0.63 mg/I-21 Days-Daphnia magna(Water flea) flow-through test Analytical monitoring:yes Method:according to a standardized method Harmful to aquatic invertebrates with long lasting effects. Published data 12.2 Persistence and degradability Abiotic degradation No data available Physical-and photo-chemical No data available elimination Biodegradation Biodegradability Hydrogen peroxide(H202) Ready biodegradability study: Method: Degradation in sewage treatment plants to The substance fulfills the criteria for ultimate aerobic biodegradability and ready biodegradability Inoculum: activated sludge Unpublished internal reports Degradability assessment Hydrogen peroxide(H202) The product is considered to be rapidly degradable in the environment 12.3 Bioaccumulative potential Partition coefficient: n-octanol/water Hydrogen peroxide(H202) Not potentially bioaccumulable Bioconcentration factor(BCF) Hydrogen peroxide(H202) Not potentially bioaccumulable 12.4 Mobility in soil Adsorption potential(Koc) Hydrogen peroxide(H202) Adsorption/Soil Koc: 1.58 Log Koc: 0.2 Method: Structure-activity relationship(SAR) Unpublished reports Known distribution to environmental compartments Hydrogen peroxide(H202) Ultimate destination of the product:Water P04000016413 Version:2.00 ! US(Z8) �' . SOLVAY www.solvay.com 15/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 12.5 Results of PBT and vPvB assessment This mixture contains no substance considered to be persistent, bioaccumulating and toxic(PBT). This mixture contains no substance considered to be very persistent and very bioaccumulating(vPvB). 12.6 Other adverse effects _.. Ecotoxicity assessment Short-term(acute)aquatic hazard Toxic to aquatic life. Long-term(chronic)aquatic hazard Not classified due to data which are conclusive although insufficient for classification. SECTION 13: Disposal considerations j 13.1 Waste treatment methods Product Disposal - Contact manufacturer. - Contact waste disposal services. - In accordance with local and national regulations. Waste Code - Environmental Protection Agency - Hazardous Waste—YES to - RCRA Hazardous Waste(40 CFR 302) - D001 -Ignitable waste—(I) - D002-Corrosive waste—(C) Advice on cleaning and disposal of packaging - Empty containers. - Clean container with water. - Dispose of rinse water in accordance with local and national regulations. - Where possible recycling is preferred to disposal or incineration. - In accordance with local and national regulations. SECTION 14:Transport information Transportation status: IMPORTANT! Statements below provide additional data on listed transport classification. The listed Transportation Classification does not address regulatory variations due to changes in package size, mode of shipment or other regulatory descriptors. DOT 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTIONS 14.3 Transport hazard class 5.1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II P04000016413 Version:2.00 / US(Z8) www.solvay.com SOLVAY 16/20 SAFETY DATA SHEET INTEROX®Technical Grade 54 Hydrogen Peroxide Revision Date 09/24/2020 ERG No 140 14.5 Environmental hazards NO Marine pollutant TDG 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTION 14.3 Transport hazard class 5,1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II ERG No 140 14.5 Environmental hazards NO Marine pollutant NOM to 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTION 14.3 Transport hazard class 5.1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II ERG No 140 14.5 Environmental hazards NO Marine pollutant IMDG 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTION IMDG Code segregation group Peroxides(SGG16) 14.3 Transport hazard class 5.1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II P04000016413 Version:2.00 / US(Z8) www.solvay.com 17/20 SAFETY DATA SHEET 'li:;l'l11 h1TEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 14.5 Environmental hazards NO Marine pollutant 14.6 Special precautions for user EmS F-H ,S-Q For personal protection see section 8. 14.7 Transport in bulk vessels according to IMO instruments No data available IATA 14.1 UN number UN 2014 14.2 Proper shipping name Not permitted for transport 14.3 Transport hazard class Not permitted for transport 14.4 Packing group Packing instruction(cargo aircraft) Not permitted for transport Packing instruction(passenger aircraft) Not permitted for transport 14.5 Environmental hazards NO to 14.6 Special precautions for user For personal protection see section 8. Other information : IATA: permitted under 40% Note:The above regulatory prescriptions are those valid on the date of publication of this sheet. Given the possible evolution of transportation regulations for hazardous materials,it would be advisable to check their validity with your sales office. SECTION 15: Regulatory information 15.1 Notification status Inventory Information Status United States TSCA Inventory - All substances listed as active on the TSCA inventory Canadian Domestic Substances List(DSL) - Listed on Inventory Australia Inventory of Chemical Substances(AICS) - Listed on Inventory Japan.CSCL-Inventory of Existing and New Chemical Substances - Listed on Inventory Korea.Korean Existing Chemicals inventory(KECI) - Listed on Inventory China. Inventory of Existing Chemical Substances in China(IECSC) - Listed on Inventory Philippines Inventory of Chemicals and Chemical Substances(PICCS) - Listed on Inventory P04000016413 Version:2.00 / US(Z8) ? ' www.solvay.com � SOLVAY 18/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Taiwan Chemical Substance Inventory(TCSI) - Listed on Inventory New Zealand. Inventory of Chemical Substances - All components are listed on the NZIoC inventory.Additional HSNO obligations may apply.Please refer to Section 15 of SDS for New Zealand. EU. European Registration, Evaluation,Authorisation and Restriction of Chemical - When purchased from a Solvay legal (REACH) entity based in the EEA("European Economic Area"),this product is compliant with the registration provisions of the REACH Regulation(EC)No. 1907/2006 as all its components are either excluded,exempt,and/or registered.When purchased from a legal entity outside of the EEA,please contact your local representative for additional information. 15.2 Federal Regulations US. EPA EPCRA SARA Title Ill SARA HAZARD DESIGNATION SECTIONS 311/312(40 CFR 370) Oxidizer(liquid,solid or gas) Yes Acute toxicity(any route of exposure) Yes to Skin corrosion or irritation Yes Serious eye damage or eye irritation Yes Specific target organ toxicity(single or repeated exposure) Yes The categories not mentioned are not relevant for the product. Section 313 Toxic Chemicals(40 CFR 372.65) This material does not contain any chemical components with known CAS numbers that exceed the threshold(De Minimis) reporting levels established by SARA Title III, Section 313. Components CAS-No. Threshold planning Remarks quantity Hydro_c en peroxide(H202) 7722-84-1 1000 lb Form:>52-100% Section 302 Emergency Planning Extremely Hazardous Substance Reportable Quantity 40 CFR 355) Components CAS-No. Reportable quantity Hydrogen peroxide(H202) 7722-84-1 1000 lb Section 304 Emergency Release Notification Reportable Quantity(40 CFR 355) Components CAS-No. Reportable quantity Hydrogen peroxide(H202) 7722-84-1 1000 lb US. EPA CERCLA Hazardous Substances and Reportable Quantities(40 CFR 302.4) Components CAS-No. Reportable quantity Nitric acid 7697-37-2 1000 lb Calculated RQ exceeds reasonably attainable upper limit. P04000016413 Version:2.00 / US(Z.8) www.solvay.com SOLVAY 19/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 15.3 State Regulations US.California Safe Drinking Water&Toxic Enforcement Act(Proposition 651 This product does not contain any chemicals known to the State of California to cause cancer,birth,or any other reproductive defects. I SECTION 16: Other information Further information - Distribute new edition to clients - Update - See section 1 - See section 2 - See section 3 - See section 8 Date Prepared:09/24/2020 Key or legend to abbreviations and acronyms used in the safety data sheet - TWA:8-hour,time-weighted average - ACGIH:American Conference of Governmental Industrial Hygienists - OSHA:Occupational Safety and Health Administration - NTP: National Toxicology Program - IARC: International Agency for Research on Cancer - NIOSH: National Institute for Occupational Safety and Health ADR: European Agreement on International Carriage of Dangerous Goods by Road. - ADN: European Agreement on the International Carriage of Dangerous Goods by Inland to Waterways. - RID: European Agreement concerning the International Carriage of Dangerous Goods by Rail. - IATA: International Air Transport Association. - ICAO-TI: Technical Specification for Safe Transport of Dangerous Goods by Air. - IMDG: International Maritime Dangerous Goods. - TWA: Time weighted average - ATE: Estimated value of acute toxicity - EC: European Community number - CAS: Chemical Abstracts Service. - LD50: Substance that causes 50%(half)death in the test animals group(Median Fatal Dose). - LC50: Substance concentration causing 50%(half)death in the test animals group. - EC50: Effective Concentration of the substance causing the maximum of 50%. - PBT: Persistent, Bioaccumulative and Toxic substance. - vPvB: Very Persistent and Very Bioaccumulative. - SEA: Classification,labeling, packaging regulation DNEL: Derived No Effect Level - PNEC: Predicted No Effect Concentration - BHOT: Specific Target Organ Toxicity Not all acronyms listed above are referenced in this SDS. The information provided in this Safety Data Sheet is correct to the best of our knowledge, information, and belief at the date of its publication. Such information is only given as a guidance to help the user handle, use,process,store, transport, dispose, and release the product in satisfactory safety conditions and is not to be considered as a warranty or quality specification. It should be used in conjunction with technical sheets but do not replace them.Thus,the information only relates to the designated specific product and may not be applicable if such product is used in combination with other materials or in any other manufacturing process, unless otherwise specifically indicated. It does not release the user from ensuring he is in conformity with all regulations linked to its activity. P04000016413 Version:2.00 / US(Z8) www.solvay.com � 6. SOLVAY 20/20 pvs Safety Data Sheet chemistry for daily life" 4 PRODIUCT AND COMPANY IDENTIFICATION' Product Name Ferrous Chloride Solution Synonyms Iron(II)Chloride UN/ID No. UN1760 Item# 10248 Revision Date Jun-11-2020 Safety Data Sheet 3743 Recommended Use Water treatment chemical, Industrial wastewater treatment, Municipal wastewater treatment,Chrome reduction Uses advised against Consumer uses: Private households(=general public=consumers). Company Name PVS Technologies, Inc. 10900 Harper Ave. Detroit, MI 48213 (313)571-1100 24 Hour Emergency Phone Number CHEMTREC 1-800-424-9300 t IIAZARDS IDENTIFICATION Classification Acute toxicity-Oral Category 4 Acute toxicity-Inhalation(Gases) Category 4 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 May be corrosive to metals Category 1 to Carcinogenicity Category 1A Emergency Overview DANGER Hazard statements Causes severe skin burns and eye damage May cause cancer s> +� Precautionary statements Prevention •Obtain special instructions before use •Do not handle until all safety precautions have been read and understood •Use personal protective equipment as required •Wash face, hands and any exposed skin thoroughly after handling •Do not eat,drink or smoke when using this product •Use only outdoors or in a well-ventilated area •Do not breathe dust/fume/gas/mist/vapors/spray Response •Immediately call a POISON CENTER or doctor/physician •Specific treatment(see section 4 on this Safety Data Sheet) Eyes 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 Page 1 /9 Ferrous Chloride Solution doctor/physician Skin IF ON SKIN(or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower Wash contaminated clothing before reuse Inhalation IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing Call a POISON CENTER or doctor/physician if you feel unwell Immediately call a POISON CENTER or doctor/physician Ingestion IF SWALLOWED:Call a POISON CENTER or doctor/physician if you feel unwell Rinse mouth Do NOT induce vomiting Storage •Store locked up Disposal •Dispose of contents/container to an approved waste disposal plant Other Information - Other hazards •Harmful to aquatic life with long lasting effects •Harmful to aquatic life Unknown Acute Toxicity 0%of the mixture consists of ingredient(s)of unknown toxicity ,3, COMP JSITIONIi FORMAT.ON{y��?P.N 1NGRED�ENTS Chemical Nami3' ' S ' a"i Mgr Water 7732-18-5 231-791-2 70-84 Ferrous chloride 7758-94-3 231-843-4 16-30 Hydrogen chloride 7647-01-0 231-595-7 0-6 to General advice •Call 911 or emergency medical service •Remove and isolate contaminated clothing and shoes Eye contact •In case of contact with substance, immediately flush skin or eyes with running water for at least 20 minutes • Skin contact •For minor skin contact,avoid spreading material on unaffected skin Inhalation •Move victim to fresh air •if breathing is irregular or stopped,administer artificial respiration •Administer oxygen if breathing is difficult Ingestion •Immediate medical attention is required - •Do NOT induce vomiting •Never give anything by mouth to an unconscious person •Drink plenty of water '•Remove from exposure, lie down •Clean mouth with water and drink afterwards plenty of water •Call a physician or poison control center immediately Note to physician •Keep victim warm and quiet •Effects of exposure(inhalation, ingestion or skin contact)to substance may be delayed Self-protection for first aid •Ensure that medical personnel are aware of the material(s)involved and take precautions personnel to protect themselves •Do not use mouth-to-mouth method if victim ingested or inhaled the substance;give artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device Page 2/9 Ferrous Chloride Solution E Suitable extinguishing media •Dry chemical, CO2,alcohol-resistant foam or water spray •Dry chemical, CO2 or water spray •Move containers from fire area if you can do it without risk •Dike fire control water for later disposal;do not scatter the material Unsuitable extinguishing media •No information available Specific hazards arising from the •Some are oxidizers and may ignite combustibles(wood,paper,oil,clothing,etc.) chemical Protective equipment and •Wear a self-contained breathing apparatus and chemical protective clothing precautions for firefighters Flammable properties •Non-combustible,substance itself does not burn but may decompose upon heating to produce corrosive and/or toxic fumes •Contact with metals may evolve flammable hydrogen gas •Containers may explode when heated Explosive properties •No information available 0000 `" .VatUtteg , s.. .. . Personal precautions •ELIMINATE all ignition sources(no smoking,flares,sparks or flames in immediate area) •Do not touch damaged containers or spilled material unless wearing appropriate protective clothing •Stop leak if you can do it without risk Environmental precautions •For small spills absorb material on dry rags, cat litter or similar absorbent material and dispose of in the trash •For large spills,contain the material using barriers of absorbent pigs,clay absorbent or earth dams. to •US regulations require reporting spills of this material that could reach any surface waters. The toll-free phone number for the US Coast Guard National Response Center is 1-800-424-8802 Methods for cleaning up •Dike far ahead of liquid spill for later disposal •Soak up with inert absorbent material •Take up mechanically, placing in appropriate containers for disposal •Clean contaminated surface thoroughly •Prevent product from entering drains •Dam up •After cleaning,flush away traces with water Other Information •Do not get water inside containers or in contact with substance Advice on safe handling •Use personal protective equipment as required •Avoid contact with skin,eyes or clothing •Ensure adequate ventilation,especially in confined areas •In case of insufficient ventilation,wear suitable respiratory equipment •Use only with adequate ventilation and in closed systems Storage Conditions •Keep container tightly closed in a dry and well-ventilated place •Keep out of the reach of children •Keep containers tightly closed in a dry,cool and well-ventilated place •Keep in properly labeled containers Incompatible materials Contact with metals may evolve flammable hydrogen gas,Oxidizers, Strong bases, Reducing agents,Alcohols,Sulfides,Styrene, Incompatible with strong acids and bases, incompatible with oxidizing agents Page 3/9 Ferrous Chloride Solution '';`B: EXPOSURE CONTROLSIPERSONAL.PROTECThON `5 , Chemical Name ACGIH TLV OSHAPEL ' NIOSH IDLH Ferrous chloride TWA:1 mg/m3 Fe TWA:1 mg/m3 Fe 7758-94-3 Hydrogen chloride Ceiling:2 ppm Ceiling:5 ppm IDLH:50 ppm 7647-01-0 Ceiling:7 mg/m3 Exposure Guidelines Engineering Controls Ensure adequate ventilation,especially in confined areas. Individual protection measures,such as personal protective equipment Respiratory protection •A respiratory protection program that meets OSHA 1910.134 and ANSI Z88.2 requirements must be followed whenever workplace conditions warrant the use of a respirator. Eye/Face protection •Tight sealing safety goggles •Face protection shield Skin and body protection •Wear suitable protective clothing •Wear impervious protective clothing,including boots,gloves, lab coat,apron or coveralls, as appropriate,to prevent skin contact General Hygiene Considerations •When using do not eat,drink or smoke •Wash contaminated clothing before reuse •Keep away from food,drink and animal feeding stuffs •Contaminated work clothing should not be allowed out of the workplace •Regular cleaning of equipment,work area and clothing is recommended •Avoid contact with skin, eyes or clothing •Take off all contaminated clothing and wash it before reuse •Wear suitable gloves and eye/face protection to :9's RHYSIOALANDOEMICALI#ROPERTIES4' .. . `. Information on basic physical and chemical properties Physical state Liquid Appearance aqueous solution Color green to yellow Odor Iron Slight acidic Odor threshold No information available Property Values Remarks •Method pH <2.0 Melting point/Freezing Point -50 °C / -58 °F solution(20%) Boiling point/boiling range > 100 °C / 212 °F Flash point No information available Evaporation rate No information available Flammability(solid,gas) No information available Flammability Limit in Air Upper flammability limit(%) No information available Lower flammability limit(%); No information available Vapor pressure No information available Vapor density No information available Specific Gravity 1.20 20%Solution @17.5°C Water solubility No information available Solubility in other solvents No information available Partition coefficient No information available Autoignition temperature No information available Decomposition temperature No information available Kinematic viscosity No information available Page 4/9 Ferrous Chloride Solution Dynamic viscosity No information available Explosive properties No information available Oxidizing properties No information available Other Information Softening point°C No information available Molecular weight No information available VOC Content(%) No information available Density No information available Bulk density 10.00 Pounds per gallon(lb/gal) 1O STABILITY AND;;REACTIVITY Stability •Stable under recommended storage conditions Conditions to avoid •Elevated temperature •Exposure to air or moisture over prolonged periods Incompatible materials Contact with metals may evolve flammable hydrogen gas,Oxidizers, Strong bases, Reducing agents,Alcohols,Sulfides,Styrene, Incompatible with strong acids and bases, Incompatible with oxidizing agents Hazardous Decomposition Products•Thermal decomposition can lead to release of irritating and toxic gases and vapors Possibility of Hazardous Reactions •None under normal processing and storage a, ` Yir,.`1" :' 1 OPLO ICAL°INF R:MAT10 •1 Information on likely routes of exposure Principle Routes of Exposure Inhalation,Skin contact, Eye contact Inhalation May cause irritation of respiratory tract.Avoid breathing vapors or mists. to Ingestion May be harmful if swallowed. Skin contact May cause skin irritation and/or dermatitis. Eye contact Contact with eyes may cause irritation. Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 Water >90 mL/kg (Rat) 7732-18-5 Ferrous chloride 450 mg/kg(Rat) 7758-94-3 Hydrogen chloride 238-277 mg/kg (Rat) >5010 mg/kg (Rabbit) =1.68 mg/L (Rat)1 h 7647-01-0 Information on toxicological effects Symptoms No information available Delayed and Immediate effects as well as chronic effects from short and long-term exposure Sensitization No information available. Germ cell mutagenicity No information available. Carcinogenicity The table below indicates whether each agency has listed any in radiant as a carcinogen. Chemical Name ACGIH IARC NTP OSHA Hydrogen chloride Group 3 X 7647-01-0 _ IARC(International Agency for Research on Cancer) Not classifiable as a human carcinogen OSHA(Occupational Safety and Health Administration of the US Department of Labor) X-Present Reproductive toxicity No information available. STOT-single exposure No information available. STOT-repeated exposure No information available. Chronic toxicity Chronic exposure to corrosive fumes/gases may cause erosion of the teeth followed by jaw Page 5/9 Ferrous Chloride Solution necrosis. Bronchial irritation with chronic cough and frequent attacks of pneumonia are common. Gastrointestinal disturbances may also be seen.Avoid repeated exposure. Possible risk of irreversible effects. May cause adverse liver effects. Target Organ Effects Eyes,Gastrointestinal tract(GI), Liver, Respiratory system, Skin. Aspiration hazard No information available. Numerical measures of toxicity -Product Information Unknown Acute Toxicity 0%of the mixture consists of ingredient(s)of unknown toxicity The following values are calculated based on chapter 3.1 of the GHS document . Oral LD50 1569 mg/kg LC50(Gas) 18776.74 mg/I LC50(Dust/Mist) 16.7 mg/I. Ecotoxicity Ecotoxicity Harmful to aquatic life with long lasting effects 0%of the mixture consists of components(s)of unknown hazards to the aquatic environment Chemical Name Algae/aquatic plants Fish Crustacea Ferrous chloride 4:96 h Morone saxatilis mg/L LC50 7758-94-3 static Hydrogen chloride 282:96 h Gambusia affinis mg/L 7647-01-0 LC50 static Persistence and degradability No information available Bioaccumulation No information available Other adverse effects No information available D C}i S ER AT to Disposal of wastes •Dispose of in accordance with federal,state and local regulations •Dispose of hazardous waste in a RCRA licensed facility Contaminated packaging •Do not reuse container US EPA Waste Number •D002 DOT Proper shipping name CORROSIVE LIQUID,N.O.S. Hazard Class 8 UN/ID No. UN1760 Packing Group II RQ(lbs)(dry) Ferrous chloride: RQ kg=45.40 DOT Technical Name Hydrogen chloride Description UN1760, Corrosive liquid, n.o.s. (Hydrogen chloride),8,II, RQ Special Provisions B2, IB2,Ill,TP2,TP27 Emergency Response Guide 154 Number Transport Canada UN/ID No. UN1760 Proper shipping name CORROSIVE LIQUID, N.O.S. Hazard Class 8 Packing Group II Description UN1760, Corrosive liquid,n.o.s.(Hydrogen chloride),8,II IATA UN/ID No. UN1760 Page 6!9 Ferrous Chloride Solution Proper shipping name CORROSIVE LIQUID,N.O.S. Hazard Class 8 Packing Group II ERG Code 8L Special Provisions A3,A803 DOT Technical Name Hydrogen chloride IMDG UN/ID No. UN1760 Proper shipping name CORROSIVE LIQUID, N.O.S. Hazard Class 8 Packing Group II EmS-No. F-A,S-B Special Provisions 274 DOT Technical Name Hydrogen chloride ;° "15:'�REGULaTQ - INFORMATIC US Federal Regulations SARA 311/312 Hazard Categories Acute health hazard Yes Chronic Health Hazard Yes Fire hazard No Sudden release of pressure hazard No Reactive Hazard No SARA 313 Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). This product contains a chemical or chemicals which are subject to the reporting requirements of the Act and Title 40 of the Code of Federal Regulations, Part 372 Chemical Name SARA 313-Threshold Values% Hydrogen chloride-7647-01-0 1.0 to U.S.-TSCA(Toxic Substances Control Act)-Section 5(a)(2)-Chemicals with Significant New Use Rules(SNURs) CWA(Clean Water Act) This product contains the following substances which are regulated pollutants pursuant to the Clean Water Act(40 CFR 122,21 and 40 CFR 122.42) Chemical Name CWA-Reportable CWA-Toxic Pollutants CWA-Priority Pollutants CWA-Hazardous Quantities Substances Ferrous chloride 100 lb X 7758-94-3 Hydrogen chloride 5000 lb X 7647-01-0 CERCLA This material,as supplied,contains one or more substances regulated as a hazardous substance under the Comprehensive Environmental Response Compensation and Liability Act(CERCLA)(40 CFR 302) Chemical Name Hazardous Substances RQs CERCLA/SARA RQ RQ(lbs)(dry) Ferrous chloride 100 lb RQ 100 lb final RQ 7758-94-3 RQ 45.4 kg final RQ Hydrogen chloride 5000 lb 5000 lb RQ 5000 lb final RQ 7647-01-0 RQ 2270 kg final RQ Canada WHMIS Classification This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations(CPR)and the SDS contains all the information required by the CPR WHMIS Classification Non-controlled US State Regulations California Proposition 65 This product does not contain any Proposition 65 chemicals Page 7/9 Ferrous Chloride Solution U.S.State Right-to-Know Regulations Chemical Name New Jersey Massachusetts Pennsylvania Water X 7732-18-5 Ferrous chloride X X X 7758-94-3 Hydrogen chloride X X X 7647-01-0 DEA List I, List II Chemical Name U.S.-DEA -List I or Precursor U.S.-DEA -List II or Essential Chemicals Chemicals • Hydrogen chloride - 0.0 kg,Domestic Sales Weight 7647-01-0 50 gallon,Export Volume 27 kg,Export Weight International Inventories TSCA Complies DSLINDSL Complies EINECS/ELINCS Complies ENCS Complies IECSC Complies KECL Complies PICCS Complies AICS Complies Legend: TSCA -United States Toxic Substances Control Act Section 8(b)Inventory DSLINDSL -Canadian Domestic Substances List/Non-Domestic Substances List EINECS/ELINCS -European Inventory of Existing Chemical Substances/European List of Notified Chemical Substances ENCS -Japan Existing and New Chemical Substances IECSC -China Inventory of Existing Chemical Substances to KECL -Korean Existing and Evaluated Chemical Substances PICCS -Philippines Inventory of Chemicals and Chemical Substances AICS -Australian Inventory of Chemical Substances ';'S1 OTHER IN T IbN NFPA Health hazards 3 Flammability 0 Instability 0 Physical and Chemical Properties HMIS Health hazards 3 Flammability 0 Physical hazards 0 Personal protection D Item# 10248 Safety Data Sheet 3743 Revision Date Jun-11-2020 Issue Date Jun-11-2020 Version 5 Revision Note ***Updated value on SDS. Disclaimer All information,statements,data,advice,and/or recommendations,including,without limitation,those relating to storage, loading/unloading,piping,and transportation(collectively referred to herein as"information")are believed to be accurate,reliable,and based on reliable industry and regulatory references.However,no representation or warranty, express or implied,is made as to its completeness,accuracy,fitness for a particular purpose or any other matter, including,without limitation,that the practice or application of any such information is free of patent infringement or other intellectual property misappropriation.The Company providing this SDS is not engaged in the business of providing technical,operational,engineering,or safety information for a fee,and therefore,any such information provided herein has been furnished as an accommodation and without charge. All information provided herein is intended for use by persons having requisite knowledge,skill,and experience in the chemical industry.The Company providing this SDS shall not be responsible or liable for the use,application,or implementation of the information provided herein,and all such information is to be used at the risk,and in the sole judgment and discretion of such persons,their employees,advisors,and agents.This safety data sheet(SDS)is offered for your information, consideration,and investigation as required by federal hazardous products act and related legislation. Page 8/9 Ferrous Chloride Solution End of Safety Data Sheet to Page 9/9 \0M1A.\Ull i R� .��x�-r� OFRLANDO CITY Via Email February 3, 2022 Angelia Wilson Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068 Subject: Piggyback of IFB21-0285 Hydrogen Sulfide Control Services Dear Ms. Wilson: The City of Orlando has no language in its solicitations or in its policies, either approving or restricting the piggybacking of City of Orlando Contracts by other public entities. to The City of Orlando recommends that entities follow their own policy and procedure regarding contract piggybacking and obtain the consent of the Contractor to extend the pricing, terms & conditions, etc., to the entity. As such, it is acceptable to the City of Orlando for Clay County Utility Authority to piggyback the subject contract. If you have any questions, please contact me at (407) 246-2897. Sincerely, David Billingsley, Chief Procurement Officer PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE•P.O.Box 4990•ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net USP technologies' Solutions for a clean environment February 4, 2022 Angelia C. Wilson M 904-484-8035 Procurement Manager P 904 213 2447 E awilson@clayutility.org couH Clay County Utility Authority 3176 Old Jennings Road �i•l Middleburg, Florida 32068 www.clayutility.org RE: Hydrogen Peroxide Program Contract Piggyback Offer Dear Angelia, Thank you for your interest in the sulfide control program. Per our recent discussion, USP Technologies, is interested in entering into an agreement with the Clay County Utility Authority to "piggyback" our existing contract with the City of Orlando. USP is offering Clay County Utility Authority the opportunity to piggyback their agreement at current pricing of$4.19/gallon for the 50% standard grade hydrogen peroxide full-service program. to The City of Orlando contract has an initial term of three years firm price of$4.19/gal for the 50% standard grade hydrogen peroxide full-service program that runs from 8/24/21 to 8/23/2024. There are also three, one year renewal options available with pricing negotiations based on Urban Consumers Price Index (CPI-U). Should the CLAY COUNTY UTILITY AUTHORITY wish, USPT would be willing to "piggyback"to Orlando's contract upon acceptance and signature of this letter. Given that the hydrogen peroxide industry continues to experience high plant capacity and transportation asset utilization as demand remains strong in all domestic and export markets, this proposed contract is advantageous to the CLAY COUNTY UTILITY AUTHORITY. USP Technologies appreciates the opportunity to supply your full-service hydrogen peroxide program needs for sulfide &odor control. We are committed to providing you with the highest quality equipment, service, technical applications assistance and product supply and will continue to leverage our scale to deliver these services safely and at the most competitive price. Thank you in advance for your consideration. Should you have any questions Angelia, please do not hesitate to give me a call at 949-357-8990. Sincerely, 94044 plums Justin Phillips USP Technologies Account Manager, Southeast Region USP Technologies usptechnologies.com 1375 Peachtree Street NE,Suite 300 N,Atlanta,GA 30309 Phone: 404-352-6070 Fax: 404-352-6077 info@usptechnologies.com Confidential -Company Proprietary I. W E - ,1.•' �.� - . • •�� , _At& ' — 14 1 I 1 tli. n In t- , ter--- in - "- r_.____.%., ': A ' Mani. . „ill, •• r. _ _, 64 .„ .• ' 4 4 t.''' . ATYPICAL SETUP r r ^ i to. , ✓- . • .... . 01111S°i *i.:‘ • HEADWORKS1 [fir to in L ,� •a ,.,FM 7 .. • •. _ ,...... , - 150 feet , al •- +� •I I t: • , / • R, S. • • -- - .-10"GSMook ,.. ••1•...... . . • '• __~..... . L.: 114 _ 8"GSM • ro Gg� 1 - ' O. 161 - • I L -. t.. : . r1.\...0, ,, ,,.. .. j :� sejilLirLdio=si 1 Jo C yC C star tei --ii �eograph& ( nC S/Airbu It USDA, TSGS,Aerot-!DAM,MI'EP(gOt MEN Com unity 1 Project: Clay County s Road Authority Ridaught Landing WRF in Water Features 317601d Jennings Road Info: HE Gravity Sewer Features Middleburg,Florida 32068-3907 Forced Sewer Featires Phone(904)272-5999 Department:ENG r �� Prepared by DJD Date 01/27/2022 Reclaimed Feature s I tVAe1#eRe-LEA Scale: 1 inch=150 feet USP technologies' Solutions for a clean environment January 21, 2022 Mr. Paul Steinbrecher, PE Chief Engineer Clay County Utility Authority Email: psteinbrecher@clayutilities.org USP Technologies—Odor Control Proposal, Ridaught Landing Dear Paul, USP Technologies(USP) is pleased to provide this proposal for a full-service program utilizing a hydrogen peroxide program. The following proposal includes the supply of 50% hydrogen peroxide, chemical storage and dosing equipment, remote tank monitoring, product inventory management, equipment start-up & maintenance, applications support and product safety training. This proposal is based on an estimated use of 50 gallons per day of peroxide to treat the sulfides and control odors at at the Ridaught Landing headworks. USP Technologies Furnished Equipment: USP Technologies will provide one (1) USP-3,000 Peroxide storage tank and (1) LVS 2.0 dosing system USP-3000 Hydrogen Peroxide Storage System: Fully outfitted double-walled storage tank. The nominal tank capacity is 2,800 gallons. The internal tank is of heavy- to duty, linear high-density polyethylene. Each unit comes equipped with fill line, inspection ports, overflow pipe, and breather vents. The level transmitter feeds the ChemWatch® monitor for tank level and for inventory management. Labels and placards conforming to local regulations are also provided. lei"' `' —� Ii ." \� l� ChemWatch°ACS Monitor(and diagnostics package) provides product inventory (in gallons), as well as providing remote communication to the ChemWatch Control CenterTM regarding tank levels, pump performance, and pump diagnostics including key alarm points. ChemWatch®will also alert plant personnel when product is needed and schedule deliveries and can provide real time alarms to designated personnel via e-mail or text message. This information will be available at a dedicated web site for ongoing viewing from any web accessed computer by approved personnel. ChemWatch®ACS Monitor includes Power Distribution Panel which provides electrical tie-ins and emergency shut- off switch for all electronics, including the ChennWatch®Monitor with SCADA connect ability. USP Technologies usptechnologies.com 1375 Peachtree St.NE,Suite 300N,Atlanta,GA 30309 trojantechnologies.com Phone: 404-352-6070 Fax: 404-352-6077 info@usptechnologies.com Confidential-Company Proprietary USP technologies Peroxide Dosing Module: USP skid mounted dosing modules are pre-wired, pre-piped, and shop tested for ease of installation and for start- up reliability. Each dosing module includes dual metering pumps, with PVC suction and discharge piping. The standard system dosing module has a flow range of 2—20 gph per pump. Other flow ranges can be provided if needed. Each dosing control module will also be capable of accepting a 4-20 mA signal to permit automated dosing based on an external signal (e.g. flow, or other process parameter). A power distribution panel is also supplied, which provides electrical tie-ins and emergency shut-off switch for all pumps. Equipment&Technical Services: • Equipment services include complete system fabrication, installation and start-up. • Maintenance of the storage and dosing system for the duration of the contract, including scheduled preventative maintenance service visits. • Hydrogen peroxide safety training will be provided to all designated site personnel during start up. • Application support including data collection, analysis, and reporting presentation. Clay County Responsibilities: • Conduit run, electrical service of 110 VAC, 60 HZ, 30A, terminating in a junction box within 10 feet of skid location. • A potable water supply capable of delivering 0.4 GPM at 30 PSI. • A crane (or forklift)will be required to offload equipment systems upon arrival at the site. • Any trenching, tapping of lines, drilling through concrete, etc... required to run chemical injection piping to the application point. • Procurement of appropriate permits and other external items to chemical storage and dosing systems that may be required by permitting authorities. to Pricing: As detailed above, USP Technologies offers program pricing which covers the product and storage system and services detailed above. We will design, install and maintain the storage and handling systems. While usage volumes are difficult to estimate and will vary based on loadings that also vary, initial estimates were based off of an estimated 50 gallons per day of peroxide. We are pleased to offer full-service program pricing as follows: 50% Hydrogen Peroxide Dosed at the Ridaught Landing Headworks • $825.00 Monthly maintenance & facility fee, inclusive of all chemical, maintenance and sulfide data collection. • $4.19/gal for 50% peroxide supplied via tanker truck as needed • Piggyback off City of Orlando current contract pricing. • Estimated annual cost for the program is$86,386 based on 50 gpd Please note that prices exclude tax, payment terms are net 30 days. This proposal is valid for 60 days from the above date. USP Technologies will hold the price above if awarded a one year contract, with option to renew annually. If justified by supporting data, pricing can be adjusted up to 5% on anniversary of contract with 30 days notice. USP Technologies will work to provide the best pricing as freight and raw material costs allow. Page 2 of 4 Clay County Ridaught Landing Proposal —January 20, 2022 Confidential -Company Proprietary CUSP technologies If the above terms are acceptable this letter will serve as an agreement by signing at the bottom of this document. USP Technologies can install the system within 6 - 8 weeks of receipt of this signed agreement and a purchase order. USP Technologies appreciates the opportunity to submit this proposal to Clay County. Please do not hesitate to contact me if I can be of further assistance. Sincerely, J uy(k%, PN-i.1/ ps' Justin Phillips USP Technologies Account Manager, Southeast Region (949) 357-8990 (cell) Cc: James Graham, USP Technologies Dan Kile, USP Technologies Agreed to and Accepted on , 2021 Company Name: By: to Title: Page 3 of 4 Clay County Ridaught Landing Proposal —January 20, 2022 Confidential-Company Proprietary CUSP technologies- Terms&Conditions: 1. Weights. Seller's weights and volumes shall govern,except that in case of proven error adjustment shall be made. 2. Risk of Loss. Risk of loss and responsibility for all goods sold or provided hereunder shall pass to Buyer upon Seller's delivery to Buyer. 3. Warranty&Liability. Seller warrants that the goods shall conform to Sellers standard specifications in effect at time of shipment. SELLER MAKES NO OTHER WARRANTY,EXPRESS,OR IMPLIED,COVERING THE GOODS AND DISCLAIMS THE IMPLIED WARRANTY OF FITNESS FOR PURPOSE. Upon passage of title to the goods,Buyer assumes all responsibility and liability for and agrees to defend and indemnify Seller against,all claims,loss or damage resulting from Buyers storage,handling,sale or use of the goods or their containers. 4. Indemnification. Buyer shall indemnify,defend and hold Seller harmless from and against that portion of any liability,costs,expense (including without limitation reasonable attorneys'fees and expenses),claim,judgment,settlement or damage(collectively,"Claims")that Seller may incur or be required to pay to any third party(including without limitation any employee of Buyer regardless of whether such employee is barred under applicable law from claiming against Buyer)which is caused or contributed to by any act or omission of Buyer, including without limitation those arising from the negligence of Seller.If Buyer resells the products sold hereunder,Buyer will use its best commercial efforts to obtain from its purchaser an indemnification similar to the foregoing for the benefit of Buyer and Seller. 5. Damages&Claims. The total liability of supplier and its subsidiaries,affiliates,employees,directors,officers and agents arising out of performance,nonperformance,or obligations in connection with the design,manufacture,sale,delivery,and/or use of goods and/or services in no circumstance includes any liquidated,penalty,incidental or consequential damages of any kind,nor exceed an amount that is unreasonably disproportionate to the total amount of compensation actually paid to supplier under the agreement,except only in the case of damages arising due to supplier's willful misconduct. 6. Default or Waiver. If Buyer fails to perform any of the terms of this contract,Seller may defer shipments until such failure is made good or may treat such failure as final refusal to accept further shipments and may cancel this contract. A Seller may terminate this contract if Buyer becomes insolvent. This contract shall automatically terminate in the event Buyer assigns his property for the benefit of creditors or is adjudicated a bankrupt. Either party's waive of such party's rights thereafter to enforce and compel strict compliance with conditions of this contract,at any time,shall not in any way affect,limit,or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of the contract. 7. Excuses for Nonperformance. Seller shall have no liability for any delay or failure in performance hereunder,in whole or in part,if such delay or failure arises from(i)compliance in good faith with any foreign or domestic governmental regulation or order,whether or not later shown invalid or inapplicable;(ii)the occurrence of any contingency the nonoccurrence of which was a basic assumption at the time this contract was made,including without limitation acts of God,fire,flood,accident,riot,war,terrorism,sabotage,strike,lock-out,labor trouble or shortage, breakdown or failure of equipment,or embargo;(iii)Seller's inability to obtain any required product, material,energy source, equipment,labor,or transportation at prices and on terms deemed by Seller to be acceptable; (iv)Seller's incurring increased costs for compliance with environmental protection,health or safety regulations;or(v)any other event or occurrence not within the reasonable control of Seller.If any such circumstances affect only a part of Seller's capacity to perform,Seller may allocate products,services and deliveries among its customers and its own requirements as Seller may determine in its sole discretion.Quantities affected by this paragraph may,at the option of either party,be eliminated from the contract without liability,but the contract shall remain otherwise unaffected. 8. Assignability&Continuity. The Buyer shall not assign this contract or any right or obligation under this contract without Seller's prior, written approval;however,this contract shall be binding upon and inure to the benefit of any actual or purported successors of the parties hereto. 9. Surcharges. Notwithstanding anything in this Contract to the contrary,Seller reserves the right to impose a special temporary surcharge in the event of any increase in the price of energy or any other raw material that is reasonably likely to have a material impact on Seller's overall costs of Products and Services,or is imposed on Seller by its material or services providers. The amount of such surcharge will be limited to that required to negate the increase in Seller's costs resulting from such increases. Seller shall give Buyer written notice at least ten(10)business days prior to imposing any such surcharge and shall reduce or remove such surcharge at such time as the price of energy or raw materials return to levels which no longer justify such increase. 10. Patents. Seller represents that to the best of its knowledge,the sale and/or use by Buyer of goods in the form sold hereunder will not infringe any composition of matter claims in any adversely held U.S. Patent claiming the goods per se, but in the event that it is alleged that such sale and/or use constitutes infringement of such Patent,then Seller's liability to the Buyer shall(i)be limited to the defense of such infringement actions and the payment of damages awarded therefor by a court of competent jurisdiction from which no appeal is or can be taken,and(ii)arise only if Buyer promptly gives Seller written notice of such claim and full authority,information and assistance for the defense of such claim.Seller's warranty as to use patents only applies to infringement arising solely out of the use of the goods according to their applications as envisioned by Seller's specifications. In no event shall Seller be liable for any infringement or alleged infringement arising from or caused or alleged to be caused by Buyer's combination of the goods supplied hereunder with other goods in any fashion not specifically recommended by Seller or by use of the goods in any process not specifically provided or recommended by Seller and is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Seller against all losses,claims,expenses or damages which may result from the misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. The foregoing states the entire liability of the Seller with respect to patent infringement by said goods. Seller reserves the right to suspend deliveries hereunder,or to terminate this contract,if the Seller believes that the manufacture and/or sale by the Seller,or the sale and/or use by the Buyer,of any goods sold hereunder infringes on any U.S. PATENT. 11.Applicable Law—Entirety. The construction, performance and completion of this contract shall be governed by the law of the state of Delaware. This contract is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms thereof,notwithstanding any oral representations or statements to the contrary heretofore made. No modification or release shall be effective unless in writing,signed by both parties,and specifically stating it is such modification or release. 12.Termination. If pursuant to any Federal,State or local law,regulation or ordinance Seller is required to install any additional equipment or facilities,in order to comply with governmental standards and if the cost of such installation,in Sellers opinion, makes it uneconomic to Seller to continue production of the goods,Seller may terminate this contract on 30 days prior written notice to buyer. 13.Acceptance. All sales and purchases of products hereunder are limited to and conditional on Buyer's acceptance of these standard terms and conditions.Seller objects to and rejects any terms and conditions that may be proposed by Buyer which are in addition to or different from these standard terms and conditions.No modification of this contract shall be effected by the acknowledgment or acceptance of purchase order forms containing different or additional terms or conditions. Page 4 of 4 Clay County Ridaught Landing Proposal —January 20, 2022 Confidential-Company Proprietary it CITY OF wIN ORLANDO August 24, 2021 Dan Kile, Regional Business Manager US Peroxide, LLC dba USP Technologies 1375 Peachtree St. NE, Suite 300N Atlanta, GA 30309 Subject: Contract No.IFB21-0285,Hydrogen Sulfide Control Services The_ attached contract is the City of Orlando's acceptance of your offer in response to IFB21-0285, Hydrogen Sulfide Control Service,and is subject to all terms and conditions therein, as well as any addenda to that solicitation. This contract is a thirty-six(36)month contract,effective August 24,2021,and will remain in effect through August 23, 2024. This contract may be renewed upon mutual agreement as provided in the solicitation.Any amendments to this contract must be in writing and signed by both parties to be valid,binding,and enforceable. to All invoices must reference the subject Contract Number. Invoices must be emailed to ap_invoices@cityoforlando.net or be submitted to the address below: Accounts Payable City of Orlando 4°i Floor, City Hall PO Box 4990 Orlando,FL 32802-4990 Please remember that only those goods/services specifically listed in this contract can be invoiced. The description and unit prices on each invoice must match the description and unit pricing in the subject contract. Invoices not meeting these requirements are considered improper invoices and will be returned. . 1 Sincerely, David Billingsley, CPSM, C.P.M. Chief Procurement Officer cc: Public Works/Water Reclamation Accounts Payable File PROCUREMENT AND CONTRACTS Orlando City Hall • 400 South Orange Avenue • Fourth Floor PO Box 4990 • Orlando, FL 32802-4990 P 407.246.2291 • F 407.246.2869 • cityoforlando.net/procurement CITY OF QCITY OF ORLANDO DATE: July 6, 2021 TO: All Bidders FROM: Tracie Mills,Purchasing Agent II Procurement and Contracts Division — SUBJECT: Hydrogen Sulfide Control Services Transmittal of Addendum Number Two (2) IFB21-0285 Please be advised of the following changes/clarifications to the subject solicitation. The solicitation is hereby changed accordingly. A. THE SOLICITATION DUE DATE IS HEREBY CHANGED: FROM: July 7,2021 at 2:00 p.m.,Local Time City of Orlando, FL TO: July 8,2021 at 2:00 p.m.,Local Time City of Orlando,FL FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions to received within 10 days of the Bid Opening date will not be given any consideration. Firms are reminded to review the original solicitation and all subsequent Addenda issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. In other respects, except as specifically stated above, all other terms and conditions of the solicitation remain unchanged. PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 Sarni ORANGE AVENUE•P.O.Box 4990.ORLANDo,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Hydrogen Sulfide Control Services IFB21-0285 Addendum Two (2) July 6,2021 SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number Two (2),by completing the information requested below and submitting this information with their Bid. Failure to do so may subject the Bidder to disqualification. -- ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED US Peroxide,LLC.dba USP Technologies NAME OF BUSINESS BY: Dr., A July 6,2021 SIGNATURE/DATE Dan Kile-Regional Business Manager to NAME&TITLE, TYPED OR PRINTED 1375 Peachtree St.NE Suite 300N MAILING ADDRESS Atlanta, GA 30309 CITIES, STATE,ZIP CODE ( 404 352-6070 Fax:404-352-6077 AREA CODE WITH TELEPHONE and FAX NUMBERS Rev:07.31.18 Page 2 of 2 CITY OF QiANDo DATE: July 2,2021 TO: All Bidders FROM: Tracie Mills,Purchasing Agent II Procurement and Contracts Division SUBJECT: Hydrogen Sulfide Control Services Transmittal of Addendum Number One(1) IFB21-0285 Please be advised of the following changes/clarifications to the subject solicitation. The solicitation is hereby changed accordingly. A. WRITTEN QUESTION RECEIVED: Question No. One(1): What is the duration of the contract if won? Answer No. One(1): The contract will be for a three-year term and may be renewed for two additional twelve month periods or portion there of. Please refer to Exhibit 2: Special Condition Clauses to item no. 1 (Contract Term). FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received within 10 days of the Bid Opening date will not be given any consideration. Firms are reminded to review the original solicitation and all subsequent Addenda issued. Finns are reminded to review the original solicitation and all subsequent Addenda issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. In other respects, except as specifically stated above, all other terms and conditions of the solicitation remain unchanged. PROCUREMENT AM)CONTRACTS DIVISION CITY HALL•400 Scum ORANGE AVENUE•P.O.Box 4990.ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Hydrogen Sulfide Control Services 1FB21-02$5 Addendum One(1) July 2,2021 SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number One (1),by completing the information requested below and submitting this information with their Bid. Failure to do so may subject the Bidder to disqualification. ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED US Peroxide, LLC.dba USP Technologies NAME OF BUSINESS BY. � July 6,2021 SIGNATURE/DATE Dan Kile-Regional Business Manager to NAME&TITLE,TYPED OR PRINTED 1375 Peachtree St. NE Ste 300N MAILING ADDRESS Atlanta,GA 30309 CITIES, STATE, ZIP CODE (404 )352-6070 Fax:404-352-077 AREA CODE WITH TELEPHONE and FAX NUMBERS Rev:07.31,18 Page 2 of 2 Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M. qq r t • P . CITY OF ORLANDO INVITATION FOR BIDS (IFS). IFB NUMBER AND TITLE: IFB21- 0285 Hydrogen Sulfide Control Services DATE OF ISSUE: June 16 ,2021 Non-Mandatory ri Mandatory n(If mandatory,you must attend one of the two meetings below) PRE-BID CONFERENCE, if applicable, on , 2021 Pre-Bid Location: N/A to 2nd PRE-BID CONFERENCE, if applicable, on ,2021 Pre-Bid Location: N/A DEADLINE FOR QUESTIONS June 28 ,2021,5:00 p.m.,Local Time, City of Orlando,FL DIRECT ALL QUESTIONS & Tracie Mills INQUIRIES TO: Phone: (407) 246-3633 Email: tracie.mills @orlando.gov City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 IFB DUE DATE: July 7 ,2021 IFB DUE TIME: 2:00 p.m., Local Time, City of Orlando,FL ONLY ELECTRONIC RESPONSES WILL BE ACCEPTED FOR THIS SOLICITATION - ALL OTHER RESPONSES SHALL BE CONSIDERED NON-RESPONSIVE R,v 01.05.21 Procurement and Contracts Division Page: 1 Hydrogen Sulfide Control Service IFB21-0285 — s, aP w vs { '" ;C t.:4A. if • The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses. To be responsive,bids for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive. Parking is available in the City Commons garage at the southwest corner of Boone Avenue and South Street. The City will not validate parking. Procurement and Contracts Division Page: 2 Hydrogen Sulfide Control Service IFB21-0285 • TABLE OF CONTENTS SECTION TITLE PAGE I. GENERAL INFORMATION ..4 II. SCOPE OF WORK—BRIEF DESCRIPTION 6 IIL BID SUBMITTALS 7 EXHIBITS EXHIBIT I SCOPE OF WORK EXHIBIT 2 SPECIAL CONDITION CLAUSES EXHIBIT 3 STANDARD TERMS AND CONDITIONS EXHIBIT 4 ELECTRONIC BID PRICING FORM(S)INSTRUCTIONS EXHIBIT 5 VIRTUAL MEETING INSTRUCTIONS ATTACHMENTS o ATTACHMENT A BIDDER'S QUESTIONNAIRE AND AUTHORIZED SIGNATORIES/NEGOTIATORS ATTACHMENT B BIDDER'S CERTIFICATION FORM ATTACHMENT C CONTRACT AND ACCEPTANCE FORM ATTACHMENT D MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM ATTACHMENT E VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM ATTACHMENT F CONFLICT OF INTEREST DISCLOSURE FORM ATTACHMENT G CONFIDENTIAL AND/OR PROPRIETARY INFORMATION EXEMPTION FORM ATTAC1 IMEN I I I ADDENDUM RECEIPT VERIFICATION FORM (If Applicable) Procurement and Contracts Division Page: 3 Hydrogen Sulfide Control Service IFB2I-0285 SECTION I—GENERAL INFORMATION 1. SOLICITATION INFORMATION: The City's Procurement and Contracts Division is the official source to obtain information relating to City of Orlando procurements. It is incumbent on the Bidder to obtain current bid and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as: a) Bid documents are available for download from the VendorLink website: You may access solicitation information by visiting the City's VendorLink website by copying the following link in your web browser: vendorlink.orlando.gov b) You may also contact the Procurement and Contracts Division at (407) 246-2291 or visit us during normal business hours, to obtain award information and other documents at: City of Orlando Procurement and Contracts Division to 400 South Orange Avenue, Fourth Floor Orlando,Florida 32801 Please remember, email notification is provided as a courtesy to our Bidders, but it is the Bidder's responsibility to check with the City of Orlando's website at: vendorlink.orlando.gov for current bid and other procurement information. We appreciate your interest in doing business with the City of Orlando. 2. SCHEDULE: The Cover page of this solicitation contains the scheduled calendar of events with important dates and times for this Solicitation. Dates and times are subject to change by the City's Chief Procurement Officer (CPO) or designee, at their sole discretion. If the Procurement and Contracts Division determines that it is necessary to change these dates or times prior to the Bid due date,the change will be announced via an addendum. 3. PRE-BID CONFERENCE: The purpose of a Pre-Bid Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement and Contracts Division and a technical representative from the using department will be present to discuss the solicitation. Procurement and Contracts Division Page: 4 Hydrogen Sulfide Control Service 1FB21-0285 Non-Mandatory Pre-Bid Conference: If a non-Mandatory Pre-Bid Conference is held, see the Cover Page of this solicitation for the location,date,and time. Mandatory Pre-Bid Conference: If a Mandatory Pre-Bid Conference is held, in order to be considered present for a Mandatory Pre-Bid Conference, a Bidder must have at least one (I) representative present and signed in on the Pre-Bid Sign-In Sheet. See the Cover Page of this solicitation for the location, date, and time. to Procurement and Contracts Division Page: 5 Hydrogen Sulfide Control Service IFB21-0285 — SECTION II— SCOPE OF WORK 1. BRIEF DESCRIPTION The City is seeking bidders to establish a service contract with a qualified company for corrosion and odor control in the pump stations and force mains of the City. The successful Contractor will be required to accomplish corrosion and odor control by the addition of hydrogen peroxide and PRI-SC (Peroxide Regenerated Iron Sulfide control) in a reliable and timely manner. Procurement and Contracts Division Page: 6 Hydrogen Sulfide Control Service IFB2l-0285 SECTION III-BID SUBMITTALS 1. Bidders are solely responsible for ensuring that their submittals are complete,uploaded and submitted in the VendorLink system by the bid due date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence. Bidders are expected to examine this solicitation, specifications, associated drawings, if any,and all instructions. Failure to do so will be at the Bidder's risk. Each Bidder shall furnish the information required on each bid submittal form and each accompanying sheet thereof on which an entry is made. The following items must be completed and uploaded as part of your electronic bid submittal. Failure to complete and return required forms may result in your bid being deemed non-responsive and not considered for award. a. Bid Pricing - All prices shall be entered online. For instructions on submitting Electronic Bid Pricing(which is required by this solicitation), See Exhibit 4. b. Attachment A - Bidder's Questionnaire. This form must be downloaded, completed, and uploaded as a part of the bid package. c. Attachment B - Bidder's Certification Form. This form must be downloaded, completed, signed, scanned,and uploaded as a part of the bid package. d. Attachment C - Contract and Acceptance Form. This form must be downloaded, completed, signed, scanned,and uploaded as a part of the bid package. e. Attachment D -Minority/Women-Owned Business Enterprise Participation Form. This form must be downloaded, completed, and uploaded as a part of the bid package. f. Attachment E - Veteran Business Enterprise Participation Form. This form must be downloaded,completed,and uploaded as a part of the bid package. g. Attachment F - Conflict of Interest Disclosure Form. This form must be downloaded,completed, and uploaded as a part of the bid package. h. Attachment G - Confidential and/or Proprietary Information Exemption Form. This form must be downloaded, completed, and uploaded as a part of the bid package. i. Attachment H - Addendum Receipt Verification Form. If an Addendum(s) is issued,this form must be downloaded, completed, signed, scanned, and uploaded as a part of the bid package. Procurement and Contracts Division Page: 7 Hydrogen Sulfide Control Service IFB21-0285 j. Copy of Bidder's current W-9 is to be signed and uploaded as a part of the bid package. k. Bid Security. If applicable. to Procurement and Contracts Division Page: 8 Hydrogen Sulfide Control Service 1FB21-0285 SCOPE OF WORK Please see Exhibit l (uploaded as a separate document)• — ■ ■ ■ to Procurement and Contracts➢ivision Page: 9 Hydrogen Sulfide Control Service IFB21-0285 — SPECIAL CONDITION CLAUSES Please see Exhibit 2 (uploaded as a separate document) — to Procurement and Contracts Division Page: 10 Hydrogen Sulfide Control Service IFB21-0285 EXHIBIT 3 STANDARD TERMS AND CONDITIONS 1. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a) All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this solicitation. b) To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a Bidder or potential Bidder (or on a Bidder or potential Bidder's behalf) to or with any officer, elected official (including the Mayor. and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding to the solicitation by a Bidder, or potential Bidder, including their agents, representatives and others on their behalf, shall be directed to the City's Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a Bidder or potential Bidder under the City's Procurement Code. c) Any questions by a Bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of bids. Any interpretation made to prospective Bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued,will be conveyed to all prospective Bidders no later than five (5) days before the date set for receipt of bids. Oral answers and written answers not answered in an Addendum issued by the Procurements and Contracts Division will not be binding. d) Bid openings shall be public, on the date and at the time specified on the bid form, with the total bid amount being read aloud. It is the Bidders responsibility to assure that their Procurement and Contracts Division Page: 11 Hydrogen Sulfide Control Service IFB21-0285 bid has been entered online no later than the due date and time of the bid opening. The Bidder's name and verification of bond submittal, if applicable, will be publicaly announced aloud at the Bid opening. 2. BIDDER QUAIL ICATION: Bids will be considered from Bidders who have adequate personnel and equipment and who are so situated as to perform prompt service or provide required goods. The City reserves the right to request information or conduct an inspection of the Bidder's facility and equipment prior to the award of the contract. Bids will be considered only from Bidders which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment,and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. 3. ALTERATIONS/CHANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail. 4. ADDENDA: It is the Bidder's responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from —- VendorLink, please ensure that you also download all such Addenda. The failure of a Bidder to submit acknowledgment of any Addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the Bid. 5. UNBALANCED BIDS: As determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response)to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are,or appear to be, excessively unbalanced. Procurement and Contracts Division Page: 12 Hydrogen Sulfide Control Service IFB21-0285 6. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids. 7. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 8. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the Bidder for a period of ninety (90) days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the bid. 9. QUANTITIES The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all Bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. 10. BIDDER'S CERTIFICATION FORM: Each Bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bids. The form should be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a Bidder to include this document with their bid submittal will be cause for rejection of the bid. 11. SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a Bidder for any item are not in agreement, the unit price alone shall be considered as representing the Bidder's intention, and the totals shall be corrected to conform thereto. 12. INSPECTION, ACCEPTANCE,AND TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Bidder. Procurement and Contracts Division Page: 13 Hydrogen Sulfide Control Service IFB21-0285 13. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City's bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company's standard forms,may result in your bid being declared non-responsive. 14. SPECIFICATIONS: a) The specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City's requirements. While the City endeavors to promulgate written specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten (10) days prior to the bid opening. b) If any proprietary,trade,brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired,and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality. c) In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the Bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each Bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal,or to reject as not being equal,any article the Bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid,the successful contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. d) Bidders are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the Procurement and Contracts Division Page: 14 Hydrogen Sulfide Control Service IFB21-0285 equipment and include any literature or other explanation of the equipment's quality or performance with your bid. e) The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. f) Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. • 15. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 16. PRICES AND TERMS: All prices must be firm for the delivery schedule quoted herein. All prices shall be bid to F.O.B. Destination delivered to any City of Orlando Department unless otherwise stipulated in the IFB. 17. TAXES: The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders. 18. POLITICAL SUBDIVISIONS: Under Florida Law, prices contained in State Contracts shall be available to the City of Orlando, who might wish to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City. 19. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder's risk. Procurement and Contracts Division Page: 15 Hydrogen Sulfide Control Service IFB21-0285 20. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. 21. MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the Bidder and must also clearly indicate the City of Orlando Purchase Order Number. 22. INVOICING AND PAYMENT: The Contractor shall be paid in accordance with Florida Statutes, upon submission of invoices to: AP_Invoices@cityoforlando.net or PO Box 4990, Orlando,.FL 32802-4990. Invoices are to be billed at the prices stipulated on the purchase order and/or as outlined in this solicitation. All invoices must show the Purchase Order Number and/or City Contract Number. 23. DISCOUNTS: Bidders may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified,whichever is later. Bidder is requested to offer price discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office,whichever is later. 24. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes,Local Government Prompt Payment Act. I. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor or other invoicing party shall consist of at least all of the following: a. a description (including quantity).of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them); Procurement and Contracts Division Page: 16 Hydrogen Sulfide Control Service IFB21-0285 b. the unit pricing, quantity and total amount due in accordance with the contract terms and conditions and applicable discount(s); c. the full name of the Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes(if they are different)and a telephone number; d. the Purchase Order or contract number as supplied by the City;and e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them;and if the contract requires any subcontractors or other parties to be bound by similar other"flow-down" requirements that those requirements have been complied with. • 2. Dispute Resolution In the event a dispute occurs between a Contractor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the City's Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 25. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2nd Floor, Orlando, Florida, 32801 or by calling(407) 246-2148. You may also email your request to records(2 orlando.gov. Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty (30)days after bid opening,whichever is earlier. Procurement and Contracts Division Page: 17 Hydrogen Sulfide Control Service 1FB21-0285 26. IRREGULAR BIDS: Submissions made on documents other than the ones furnished by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City's Chief Procurement Officer, however has the authority to waive minor irregularities. 27. CONTINGENT FEES: The Bidder warrants that no City official or employee was paid a fee,commission,gift,or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 28. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible Bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible Bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a Bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms, and service reputation of the Bidder. 0 29. AWARD OR REJECTION OF BIDS: The City's Chief Procurement Officer reserves the right to accept any, all or part of any bids,to waive minor irregularities, or to reject any, all or part of any bids, and to advertise for new bids, as the interest of the City may require. The City's Chief Procurement Officer also reserves the right to reject the bid of a Bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, may be considered by the City's Chief Procurement Officer: a. The ability, capacity,and skill of the Bidder to perform the service required. b. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified,without delay or interference. c. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service. _ Procurement and Contracts Division Page: 18 Hydrogen Sulfide Control Service IFB21-0285 f. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service. g. The quality, availability, and adaptability of the supplies, or services, to the particular use required. h. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the Bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City,or whether the Bidder's taxes or assessments are delinquent. j. Such other information as may be relevant or secured. 30. AWARDS: As the best interest of the City of Orlando may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any all bids or waive any informality or technicality in bids received. 31. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the work described herein to more than one responsive and responsible Bidder. In such cases where an award is made to more than one responsive and responsible Bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider's designation as primary, secondary or alternate. 32. PRICING AND ORDERING: warded Bidder shall honor all orders in accordance with the terms and conditions of theThe solicitationa and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified,the awarded Bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City. 33. RETURN OF PRODUCTS/EQUIPMENT: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return,for full credit, any unused items received which fail to meet the City's performance standards. Replacement items meeting Specifications must be submitted within a reasonable time Procurement and Contracts Division Page: 19 Hydrogen Sulfide Control Service IFB21-0285 after rejection of the non-conforming items. Unless a different time period is specified, the Contractor is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the contractor and include reference to an applicable Contractor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Contractor Invoice or Packing List. 34. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the Bidder's. Submission of a bid shall constitute acknowledgment by the Bidder that it is familiar with all such conditions. The failure or neglect of a Bidder to familiarize itself with the site of the proposed work, shall in no way relieve it from any obligations with respect to its bid. 35. RIGHT TO AUDIT RECORDS: • The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five(5) to years from the date of final payment under the contract and by the subcontractor for a period of five(5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period,the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period,whichever is later. 36. ASSIGNMENT: The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract,and shall keep the same under its control. 37. FISCAL YEAR FUNDING APPROPRIATION: a) Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. Procurement and Contracts Division Page:20 Hydrogen Sulfide Control Service IFB21-0285 b) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. 38. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at: https://www.municode.comilibrary/fliorlando/codes/code_of ordinances?nodeId=TITIICI CO CH7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 39. WARRANTY: Bidder warrants that all equipment, materials and workmanship, whether furnished by Bidder or its subcontractor(s), will comply with the City's specifications, drawings and other requirements. The Contractor,warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one(1) year from completion of the Work, the Contractor shall,at the City's option, either reperform such portions of the Work to correct such fault,defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City,which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the,work provided by other Contractors. 40. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, Bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful Bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization)with their bid,the City shall notify the Bidder of the City's intent to make an award and the Bidder shall submit such form properly executed (together with a letter of authorization, if necessary, as set forth below) within fifteen (15) calendar days of receipt of notice from the City. Unless such time is extended by the City, the failure of a Bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall be cause for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible Bidder or the City's Chief Procurement Officer may decline to Procurement and Contracts Division Page: 21 Hydrogen Sulfide Control Service IFB21-0285 make an award. Successful Bidders who default in properly executing the Contract and Acceptance Form after notification of the City's intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall be executed and notarized as follows: a) If the Contractor is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer(i.e., President,Vice President, C.E.O,or C.O.O.). b) If Contractor is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c) If the Contractor is a limited liability company, the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bind the company. d) If Contractor is a sole proprietorship, the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory's authority shall be submitted on the Contractor's stationery stating that the person who signed the form is duly authorized.to enter into such contract on behalf of the Contractor. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at(407)246-2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items'awarded and returned to the Contractor evidencing the City's acceptance of the bid. No award shall be final, and no Contractor shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. .Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando -- and the Contractor. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an awarded Contractor shall provide to the City with any required bonds, indemnities, and insurance certificate(s). 41. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the Procurement and Contracts Division Page: 22 Hydrogen Sulfide Control Service IFB21-0285 specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor. 42. CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City's Chief Procurement Officer (CPO) or the CPO's designee. 43. INDEMNIFICATION: The awarded Bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and employees' acts, or omissions associated with the contract. 44. INSURANCE: • a) General Insurance Requirements. Within seven (7) days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. The Certificate(s) of Insurance shall demonstrate that the awarded Bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven (7) days prior to the expiration date of an insurance policy, the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. b) Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all-purposes despite any conflicting provision in the Contractor's policies to the contrary. Procurement and Contracts Division Page: 23 Hydrogen Sulfide Control Service IFB21-0285 c) Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor's and his subcontractors' initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d) Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation, Employers' Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. e) Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f) Types of Coverage to be Provided. Insurance will be provided by the Contractor as may be required by the Special Conditions. If required,the awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" or "other states" endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers' compensation coverage must still be provided for all employees, sub- Procurement and Contracts Division Page: 24 Hydrogen Sulfide Control Service IFB21-0285 contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle,and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned,non-owned,or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and "Completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor's work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iv) Commercial Crime. Prior to performance as a result of award of this bid solicitation, the Contractor shall secure and maintain Commercial Crime Insurance or the equivalent covering all of Contractor's employees engaged in work as specified herein or having access to City buildings. The Commercial Crime Policy, with endorsement CR04010300 covering client's property shall provide a minimum coverage of $300,000 per employee/owner per occurrence and shall remain in effect for the entire contract period and any subsequent renewals. Evidence of required Commercial Crime Insurance shall be submitted to the Procurement and Contracts Division prior to commencing work. Procurement and Contracts Division Page: 25 Hydrogen Sulfide Control Service IFB21-0285 It is highly recommended that Bidders confer with their respective insurance carriers or brokers to determine, in advance of their bid submission, the availability and cost of this required insurance and related endorsement. (v) Installation Floater. Contractor shall purchase and maintain property insurance for the work at the site, including the value of any'City supplied materials and equipment in the amount of the full replacement cost thereof up to the value of the contract. This coverage shall be written on an all risk basis and shall provide coverage for physical loss or damage to the equipment on site, in transit and while temporarily in storage at the site or off site. Coverage shall also be provided for performance testing, and shall be maintained in effect until final payment is made unless otherwise agreed to in writing by the City. This policy shall include the interest of the City who is deemed to have an insurable interest and shall be listed as a named insured. (vi) Professional Liability. The Contractor shall also purchase,maintain, and keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy having minimum limits of $1,000,000, with a maximum deductible of$100,000 per claim and in the annual aggregate, or the Contractor shall provide the City with policy coverage wherein the insurer agrees to pay claims (up to the limits of coverage), and will thereafter recover the deductible from the insured Contractor. The errors and omissions policy shall be in effect and shall insure the Contractor's performance on City projects. (vii) Cyber Liability Coverage. To the extent that the Contractor/Supplier provides software, hardware, software or system development, consulting services, Internet/Application Service Provided services (e.g., outsourced functions such as web-hosting), or any other technology service, Technology Errors & Omissions (or technology professional liability coverage) insurance, including coverage for loss or disclosure of electronic data, media and content rights infringement and liability, network security failure and software copyright infrigment liability due to the failure of the Contractor's/Supplier's products or services with limits of not less than$1 0,000,000 per occurrence. If the Contractor/Supplier has access to Confidential Information, Privacy and Network Security (sometimes otherwise known as Cyber Liability) coverage which includes providing protection against liability do (a) system attacks, (b) denial or loss of service attacks, (c) spread of malicious software code, (d) unauthorized access and use of computer systems, (e) crisis management and customer notification expenses, (f)privacy regulatory defense and penalties and (g) liability arising from the loss or disclosure of confidential data with coverage limits of not less than$10,000,000.00 per occurrence. (viii)Garage Keepers Liability. Garage Liability Insurance in the amount not less than $1,000,000.00 combined single limit per occurrence for bodily injury and Procurement and Contracts Division Page: 26 Hydrogen Sulfide Control Service IFB21-0285 property damage endorsed to include: a. Automobile Service Operations; and b. Garage keepers legal liability. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,tools, equipment,and consumables, left on Cityproperty by the Contractor. 46. LICENSES: Unless otherwise extended by the City,the awarded Bidder will be required within fifteen (15) calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits, authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. 47. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity,may not submit a bid with .• a public entity for the construction or repair of a public building or a public work,may not submit a bid on leases of real property to a public entity,may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the ° threshold amount provided in §287.017 of the Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 48. PAYMENT OF SUBCONTRACTORS (FOR CONSTRUCTION PROJECTS ONLY) Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls,bills for materials,have been paid in full. Payments of subcontractors shall be — made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. 49. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded Contractor, the submission of any bid in response to this Invitation for Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. Procurement and Contracts Division Page:27 Hydrogen Sulfide Control Service IFB21-0285 50. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 51. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to ° make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work. Should public -- necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 52. AMERICANS WITH DISABILITIES ACT: Notwithstanding any provision of this solicitation to the contrary, persons with disabilities needing a special accommodation to submit a bid or participate in this solicitation should Procurement and Contracts Division Page: 28 Hydrogen Sulfide Control Service IFB21-0285 contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801, telephone number (407) 246-2291, not later than seven (7) days prior to the submittal date for accommodations related to the submittal, or seven (7) days prior to the date on which any other accommodation is needed. 53. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers,The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando's valued suppliers, your business may also achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • Direct electronic deposit to your primary banking account • Increase in working capital • Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • Reduced billing costs • Enhanced reporting • Increased sales as a"Preferred Supplier" Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all Contractors to accept the VISA ePayable solution. 54. EMERGENCY SUPPORT: It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency. 55. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in Procurement and Contracts Division Page: 29 • Hydrogen Sulfide Control Service IFB21-0285 advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor's performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions,which the subcontractor fails to perform properly. 56. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 57. GOVERNING LAW/VENUE Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. 58. FLORIDA PUBLIC RECORDS LAW To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2) (b) 1 through 4 of the Florida Statutes. 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 CUSTODIAN OF THE PUBLIC RECORDS AT C/O DEPUTY CITY CLERK, RECORDSAORLANDO.GOV, TELEPHONE NUMBER (407) 246-3538,400 S. ORANGE AVE., ORLANDO,FL 32801. 59. RECYCLED CONTENT: In support of the Florida's waste management laws, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper,plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that Bidders provide detailed information regarding any known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder's Questionnaire as provided in this solicitation. If the specifications contained herein require the use of recovered materials,by submitting a bid or response to this solicitation, a respondent agrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Contractor shall submit to the City's project Procurement and Contracts Division Page: 30 Hydrogen Sulfide Control Service IFB21-0285 manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract. 60. LIVING WAGE POLICY: As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at _. 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only for non-construction, all tiers for construction), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the • time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project.) "Living wage" means compensation for employment of not less than $14.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. The Living Wage rate of $14.00 per hour applies to solicitations issued by the City after January 1, 2021 and automatically adjusts to $15.00 per hour for solicitations issued after January 1, 2022. Unless amended by the parties, the applicable Living Wage rate in effect when the solicitation is issued shall be applicable for the entire term of the resulting contract, including any renewals. Necessary payroll documentation shall be provided to confirm compliance with this provision or the Respondent shall allow the City to audit (at Respondent's place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and proposal awards for services which involve City expenditures that exceed $100,000.00 per year. More particularly, this provision shall apply to single and multiple award Contracts for services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one Contract year. As for multiple award Contracts (Contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that Contract in any one-Contract year, regardless of whether such expenditure was to one Contractor or several, then the living wage provision shall apply to all Contractors who are a party to that award. For those Contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the Contract term, this provision will be applicable to that Contract in the next quarter. To further clarify, the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City's Living Wage Policy. 61. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be Procurement and Contracts Division Page: 31 Hydrogen Sulfide Control Service IFB21-0285 deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the Bidder's response, the order of precedence shall be the contract or purchase order, followed by the solicitation, and then the response to the solicitation. 62. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim,whether rightful or otherwise,that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 63. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, —- including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 64. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty,defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Procurement and Contracts Division Page: 32 Hydrogen Sulfide Control Service IFB21-0285 65. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 66. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary,the Contractor shall post signs warning against hazards in and around the work site. 67. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 68. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the - - City's final acceptance of the Work. 69. FEDERAL,STATE,AND LOCAL RULES/APPROVALS: • The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state. and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. Lack of knowledge by the Bidder will in no way be cause for relief from responsibility. Procurement and Contracts Division Page:33 Hydrogen Sulfide Control Service IFB21-0285 70. MISCELLANEOUS PROVISIONS: By submitting a bid, the Bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation,firm or person who submitted bids for the work covered by the contract and is in all respects fair and without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. —. The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase,provision, or other portion of the contract is, for any reason,held invalid or unconstitutional by a court or other body of competent jurisdiction,such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. The City's Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 71. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Section 287.135(2)of the Florida Statutes,"[a] company is ineligible to,and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of: 1. Any amount if, at the time of bidding on, submitting a proposal for,or entering into or renewing a contract,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to s.215.4725,or is engaged in a boycott of Israel;or 2. One million dollars or more if, at the time of bidding on, or submitting a proposal for, or entering into or renewing such contract,the company: a. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s.215.473,or • b. Is engaged in business operations in Cuba or Syria." Section 215.473 of the Florida Statutes defines a company to include "all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations,that exists for the purpose of making profit." By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law above are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition,if this solicitation is for a contract for Procurement and Contracts Division Page:34 Hydrogen Sulfide Control Service IFB21-0285 goods or services of one million dollars or more,by submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify the aforementioned certifications at each renewal of the Contract. The City may terminate any contract resulting from this solicitation if respondent or any of those related entities of respondent as defined above by Florida law are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i)it has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,or(ii)for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Notwithstanding the preceding,the City reserves the right and may, in its sole discretion,on a case by case basis,permit a company on such lists or engaged in business operations in Cuba or Syria to be eligible for,bid on,submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more,or may permit a company on the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any amount, should the City determine that the conditions set forth in Section 287.135(4)of the Florida Statutes are met. Accordingly, firms responding to this solicitation shall execute and return with their response an executed copy of the attached, Certification Regarding Prohibition Against Contracting With Scrutinized Companies. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response. 72. FAVORED CUSTOMER CLAUSE: Should the awarded Bidder (also referred to hereinafter as "Contractor"), of a contract resulting from this solicitation sell the same or substantially the same products or services as listed in this solicitation to another Governmental Agency, within the State of Florida, at a lower price than the price listed in this solicitation, the awarded Contractor agrees to extend that same discounted price to the City of Orlando. 73. DRUG FREE WORKPLACE By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug-free workplace in accordance with Florida Statute§287.087. 74. NON-DISCRIMINATION By submitting a response to this solicitation, a Bidder, for itself, its successors-in-interest, and its assigns, and as a part of the consideration hereof,does hereby covenant and agree Procurement and Contracts Division Page: 35 Hydrogen Sulfide Control Service IFB21-0285 that, 1) in the furnishing of goods or services to the City hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to this Contract on the grounds of such person's race,color, creed, national origin, age, disability, religion, sex, sexual orientation, gender identity, or marital status; and 2) the Bidder shall comply with all existing requirements concerning discrimination imposed by any and all applicable local,state, and federal rules, regulations, or guidelines, and as such rules, regulations,or guidelines may be from time to time amended. In the event of a breach of any of the nondiscrimination covenants described in this Subsection, the City shall have the right to terminate the Contract, for cause without liability,as described above. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE STANDARD CONDITIONS SHALL HAVE PRECEDENCE. 75. EMPLOYMENT ELIGIBILITY Employment Eligibility; E-Verify System. Pursuant to Section 448.095 of the Florida Statutes, prior to Contract execution and at all times during the term of the Contract, Contractor shall register with and use the .E-Verify system to verify the work authorization status of all newly hired employees. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating 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 and, if longer,for any additional audit period provided to the City in the Contract. Pursuant to Section 448.095(2)(c) of the Florida Statutes, the City, Contractor, or a subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. If the City has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, the City shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. Pursuant to Florida Statute, a contract terminated pursuant to subparagraph 1. or subparagraph 2. of Section 448.095(2)(c) of the Florida Statutes is not a breach of contract and may not be considered as such, and the City shall have no liability to Contractor, a subcontractor, or any entity or person arising from or related to such a termination. If the Contract with Contractor is terminated by the City pursuant to Section 488.095(2)(c),the Contractor may not be awarded a public contract for at least one (1)year after the date on which the Contract was terminated and Contractor shall be liable to the City for any additional costs incurred as a result of the termination of the Contract. ************:•******************************************************************** Procurement and Contracts Division Page: 36 Hydrogen Sulfide Control Service IFB21-0285 EXHIBIT 4 AO' ELECTRONIC BID PRICING FORM(S)INSTRUCTIONS The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses. All responsive Bidders to this solicitation must submit electronic bids. Paper responses will be deemed non-responsive. BID PRICE INSTRUCTIONS FOR BIDDERS: I. Once you have logged into your VendorLink account, go to the solicitation on which you want to bid. Then click on"Submit a Quote/Bid." 2. There are two methods to submit your pricing: a) . Method"a"- Download the Excel Quote/Bid Spreadsheet and upload it after completion. to i. Click on the VendorLink.xIs link to open a fillable MS Excel spreadsheet. ii. Complete the spreadsheet and save. Directions for completing the spreadsheet can be opened by clicking on the Directions.pdf link. iii. Upload the spreadsheet to VendorL ink. iv. Verify that your uploaded pricing is correct and appears on the Quote/Bid Items Requested section. b) Method "b"—Manually enter item pricing and other required information on the Quote/Bid Items Requested field(s)in VendorLink. 3. Unit prices for each item bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail. 4. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible Bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, Bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages may render such bids non-responsive. Procurement and Contracts Division Page: 37 Hydrogen Sulfide Control Service IFB21-0285 _ EXHIBIT 1 SCOPE OF WORK to Hydrogen Sulfide Control Service IFB21-0285 SCOPE OF WORK FOR HYDROGEN SULFIDE CONTROL SERVICE The City of Orlando referred to as "City" seeks to establish a service contract with a qualified company referred to as"Contractor" for corrosion and odor control in the pump stations and force mains of the City. The successful Contractor will be required to accomplish corrosion and odor control by the addition of hydrogen peroxide and Peroxide Regenerated Iron Sulfide Control (PRI-SC) in a reliable and timely manner. The service is to be provided at the following locations: 1. Lift Stations#1 and#7: 1300 East South Street,Orlando,Florida. 2. Lift Station#37: 2557 Regent Avenue,Orlando, Florida. 3. Lift Station#248: 900 Bennett Road, Orlando,Florida. QUALIFICATIONS: Bidder shall be actively in business and have performed the specified odor control/chemical feed systems for the domestic wastewater industry during the last five (5)years. Please provide documentation of this under the Bidder's Questionnaire Form. A. STANDARDS The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, and incidentals necessary for the execution, testing, installation, initial operation and continued performance of the dosing equipment and the accessories for the duration of the Contract. The City shall be responsible for providing water and 110 volts of electricity at each site. The Contractor shall provide the conduit and wiring to the connection point designated by the City. The City shall approve and make the final connection. • B. CHEMICALS 1. PRI-SC®Technology Iron-Ferrous Chloride Solution (FeC12) Concentration 24-28%FeC12 Specific Gravity 1.27— 1.32 Insoluble's 0.5%max 2. Hydrogen Peroxide 50%Solution,Technical Grade Odor: Odorless Appearance: Clear,colorless liquid Autoignition Temperature: Non-combustible Boiling Point: 1l0° (229° F) (40%); 114°C(237°F)(50%) Density/Weight Per Volume: 50%=9.98/lbs per gallon Evaporation Rate: > 1 (Butyl Acetate= 1) Flash Point: Non-combustible Freezing Point: -41.4°C (-42.5°F) (40%); -52°C (-62°F) (50%) Oxidizing Properties: Strong oxidizer pH: <-3.0 Solubility In Water: I00% Hydrogen Sulfide Control Service IFB21-0285 _ C. EQUIPMENT Liquid Storage and Feed Systems 1. Pumps—Pumps shall be dual electronic metering pumps with an output range suitable to the application and a discharge pressure of 100 pounds per square inch (psi). All wetted parts are chemically compatible stainless steel, teflon or ceramic. The pumps are skid mounted inside a containment enclosure a minimum of two metering pumps,both pumps shall have profiling capabilities to adjust to diurnal dosing patterns. The Contractor shall include a control panel capable of controlling the pump rate and containing the necessary remote telemetry equipment for operation and inventory management and provide an internet customer access for inventory control and daily usage. 2. Storage Tanks — Tanks for hydrogen peroxide and iron solutions shall be double wall construction. Tanks shall be constructed of polyethylene with special ultraviolet (UV) light stabilizers and no titanium or carbon based pigments (Phillips resin or eg). The hydrogen peroxide tanks shall be equipped with a 2" stainless steel fill line, aluminum quick connects, and a minimum 24" combined man way and vent. Iron solution fill lines shall be made from schedule 80 PVC and include an iron containment fill station to prevent and collect any potential leak or spill from contaminating the surrounding property. 3. Piping, Valves, and Fittings—All materials in contact with hydrogen peroxide shall be stainless steel (Schedule 80 PFC for iron systems) with Teflon or viton seals and 0-rings. Vented ball valves are required to prevent internal pressure buildup, and pressure relief valves shall be anywhere chemicals could be trapped. Each system is designed with antisiphon, check valves, calibration cylinders and a to pressure gauge. Iron systems also include filtering of produce with in line basket straining for easy dismantle and cleaning. D. SAMPLING All samples collected for analysis shall be grab samples or from approved auto sampling equipment. Acceptable methods of analysis are listed below: Liquid (grab)samples Procedure Total sulfide Std. Methods 4500-S2- D. Methylene Blue (Lamotte drop count kit) Dissolved sulfide Std.Methods 4500-S2"D. Methylene Blue(Lamotte drop count kit)except this uses pre-flocculation to remove insoluble sulfides pH Combination glass electrode Temperature NISI calibrated thermometer Total iron Std.Methods 3500-Fe D. Phenanthroline(Hach colorimeter) Ferrous iron Std. Methods 3500-Fe D. Phenanthroline(Hach colorimeter)but without hydroxylamine reduction step Dissolved iron Per total iron Hydrogen Sulfide Control Service IFB21-0285 Residual H202 DPD redox test strips(e.g.,EM Quant) Vapor samples(continuous datalogging) Procedure H2S,ppm App-Tek OdaLog (monitor/datalogger) E. OTHER REQUIREMENTS l. Weekly Monitoring, Optimization,and Data Analysis Weekly monitoring and sulfide profiling provide the data necessary to adjust dosing levels to assure optimum H2S control at minimum chemical costs. The Contractor shall monitor the City's system once a week by collecting data to determine aqueous and atmospheric hydrogen sulfide(H2S)levels,wastewater temperature,pH, and chemical residual. This data shall be evaluated and monthly reports charting trends and showing control levels shall be prepared and submitted to the City's Representative. Recommended changes in chemical dosing rates to control changing conditions shall also be provided to the City's Representative. After the City's Representative reviews the monthly monitoring data, the Contractor shall make the required chemical feed dosing changes to insure that the system optimization is being achieved. 2. Weekly Deliveries All chemical deliveries shall include a Material Safety Data Sheet(MSDS)and will be invoiced reflecting the delivery location and amount of chemical delivered in pounds based on weigh scale tickets and shall be submitted to the City's Representative on a weekly basis. If during the project,the stock supply is a strength above or below the specified range,then the unit price per gallon shall be adjusted accordingly to keep the price per pound of iron the same. 3. Quarterly Reports Quarterly reports shall be submitted to the City's Representative and should include a detailed list of product delivery by location,daily use rates,and costs. 4. Equipment Maintenance The Contractor shall maintain all the chemical storage and dosing equipment, as well as, major and preventative maintenance shall be carried out on an on-going basis. 5. Emergency Response Should an emergency exist at the pump station where the Contractor's equipment is in operation,the City shall immediately notify the Contractor and the Contractor shall take immediate action to resolve the situation. 6. Safety Training After the feeding equipment is in place,the Contractor shall hold a safety training session for the personnel designated by the City. The Contractor shall also conduct additional safety training of new personnel introduced into the work area on an as-needed basis. Safety equipment and training services shall meet all State and Federal government requirements. END OF SECTION EXHIBIT 2 SPECIAL CONDITION CLAUSES 1. CONTRACT TERM: It is the intent of the City to award a Contract for a three(3)year term to begin upon approval and execution by the City. The Contract may, by mutual assent of the parties, be renewed for two(2)additional twelve(l 2)month periods or portions thereof,up to a cumulative total of sixty(60)months. 2. REPORTING: The Bidder shall report sales and usage data to the City on an annual basis in MS Excel spreadsheet format. The following data at a minimum should be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Bidder's name • Reporting period • Department/Division/Location name • Order date • Item description • Manufacturer name • Manufacturer part number • Unit of measure • Quantity • Bidder's list price • Unit price • Extended price • Total purchase amount for the quarter Submission of requested Reports is the responsibility of the Bidder,without prompting or notification by the City. The Bidder will submit by email the completed reports to the Purchasing Agent identified in the Contract. The City shall work with the Bidder to develop the approved electronic format and content of the Contract Sales Reports to be used by the Bidder. Failure to provide reports may be grounds for default and/or cancellation of the Contract. 3. PERIODIC AND FINAL CLEANING The Contractor shall: a) Schedule periodic cleaning to keep the worksite and adjacent properties free from accumulations of waste materials, rubbish, and windblown debris resulting from Contractor's operations; b) Provide on-site container for the collection of waste materials, debris, and rubbish; Procurement and Contracts Division Page: 1 c) Dispose of waste materials, debris, and rubbish from the property; d) Upon completion of work in each area, provide final cleaning and otherwise return space to a condition suitable for use by the City; e) Conduct cleaning and disposal operations to comply with City codes, ordinances, regulations, and environmental laws. 4. INSURANCE REQUIREMENTS For this Bid,the following types of insurance that are checked are required. For details, please refer to Section 44 of the Standard Terms & Conditions. ✓ Workers Compensation and Employer's Liability ✓ Comprehensive Automobile Liability 1 Commercial General Liability ❑ Commercial Crime ❑ Installation Floater ❑ Errors and Omissions Policy to ❑ Privacy and Network Security Coverage ❑ Garage Keepers Liability 0 Procurement and Contracts Division Page: 2 Hydrogen Sulfide Control Services IFB21-0285 EXHIBIT 5 VIRTUAL BID OPENING Instructions to loin the solicitation opening virtual meeting: 1. Select a method to join Join a Microsoft Teams Meeting from your calendar,via dial-in number and conference ID,or sign in as a guest on the web. For information on joining a Microsoft Teams Meeting from the app or on the web, visit: https://support.office.com/en-us/article/join-a-teams- meeting 078e9868-f1aa-4414-8bb9-ee88e9236ee4 2. Choose your device and download Teams Go to https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app and download Microsoft Teams.You can use a smart phone,tablet,laptop, or desktop computer to download at no cost. Make sure to allow some extra time for the install before joining your first meeting. If you do not have one of the devices just mentioned, you can also call in to the meeting. If you cannot download the desktop or mobile application,follow the instructions to join a Microsoft Teams Meeting on the web. July 7 2021 2:00 PM , 3. Join the virtual meeting—Date: Time: a. Online: https://teams.microsoft.com/l/meetup-join/19% to 3ameeting_ZTgwZWZkZTAtOTJkNyOONjFiLWEwYzMtZGRjZTJmMWY2MzFm% 40thread.v2/0?context=%7b%22Tid%22%3a%227594da9b-294b-4acf-913b- d 159ae921564%22%2c%220id%22%3a%22ce27c136-b63a-4308-9b38- e9cd7fae1d5f%22%7d b. Call into the virtual meeting by dialing this phone number: +1 321-247-7568 c. Once dialed-in and prompted,enter the Conference ID: 119 530 777 0 Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting. 4. Provide live public comment An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed.When called, unmute your device and state your name and address for the record. EXHIBIT 5—Virtual Solicitation Opening Page 1 of 1 Hydrogen Sulfide Control Services IFB21-0285 ATTACHMENT A BIDDER'S QUESTIONNAIRE The following questionnaire is to be completed by the Bidder and provided with its bid submittal. If a question is not applicable, so indicate by writing"N/A". 1. Discount Payment Terms (if any): N/A %, if paid within days after receipt of invoice. 2. Is your company willing to accept the VISA ePayable solution for payment of all invoices? ❑ Yes ❑✓ No 3. Is your company willing to serve as a secondary supplier in the event your company is not selected for primary award? n Yes 71 No 4. CONTACT INFORMATION US Peroxide,LLC. dba USP Technologies Name of Company Justin Phillips to Name of Contact Individual 1375 Peachtree St NE Suite 300N Contact Address Atlanta, GA 30309 Contact City, State,Zip (949) 357-8990 Contact Telephone Number jphillips@usptechnologies.com Contact Email Address 14-855-4350 DUNS Number(Dun&Bradstreet) 5. EXPERIENCE: A. Years in business:25 years B. Years in business under this name: 19 C. Years performing this type of work: 19 6. LOCAL SERVICE FACILITY, IF APPLICABLE: A. Name of local service center:N/A B. Address of local service center: Attachment A- Bidders Questionnaire Page 1 of 3 Hydrogen Sulfide Control Services IFB21-0285 C. County local service center is located in: D. Contact: Telephone number: 7. SUBCONTRACTORS-for informational purposes only: If the bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work MIWBE VBE Certified? City Certified? (Y or N) (Y or N) N/A 8. RECYCLED CONTENT: A. List of items supplied containing recycled material and the percentage of recycled material contained in the items: 0 % B. Is your product packaged/shipped in material containing recycled content? Yes❑No I'' f C. Is your product recyclable after it has reached its intended end use?Yes C No1 to 9. REFERENCES: Please provide references related to the scope of work. Reference#1: Name:JEA-Jacksonvile Electric Authority Address:21 W. Church Street, Jacksonville,FL 32202 Telephone No.:904-665-8516 Fax No.:904-665-4238 Contact:Ryan Popko,P.E E-mail:poplar@jea.com Project/Contract Title: Hydrogen Peroxide&PRISC Technology for JEA Project Contract Number: 175925 Project/Contract Amount:Does not exceed$6,496,500.00 Project/Substantial Completion Date or Percent Complete: September 30th 2022 Reference#2: Name:City of Lake Worth Address: 1900 2nd Ave.North, Lake Worth, FL. 33461 Telephone No.:561-586-1719 Fax No.:561-586-1750 Contact:Judy Love E-mail:jlove@lakeworth.org Project/Contract Title: Waste water Odor Control Chemicals and Services Project Contract Number:BID#013-2821-17/JMA Project/Contract Amount:Does not exceed$260,000 Project/Substantial Completion Date or Percent Complete:March 31st 2022 Attachment A-Bidders Questionnaire Page 2 of 3 Hydrogen Sulfide Control Services IFB21-0285 Reference#3: Name:City of Boynton Beach Address: 124 E. Woolbright Road,Boynton Beach,FL 33435 Telephone No.:561-742-6423 Fax No.:561-742-6090 Contact:Joe Patemiti E-mail:patemitii@bbfl.us Project/Contract Title: Waste water Odor Control Chemicals and Services Project Contract Number:BID #013-2821-17/JMA Project/Contract Amount:Does not exceed$260,000 Project/Substantial Completion Date or Percent Complete:March 31st 2022 Reference#4: Name:Palm Beach County Address:301 N. Olive Avenue West Palm Beach,FL 33401 Telephone No.: 561-381-5307 Fax No.:561-246-2049 Contact:Rex McClung E-mail:rrwmcclung@pbcwater.com Project/Contract Title: Hydrogen Peroxide&PRISC Technology for Palm Beach County Project Contract Number:Contract is with Evoqua Project/Contract Amount: Project/Substantial Completion Date or Percent Complete:August 26th 2022 AUTHORIZED SIGNATORIES to The Bidder represents that the following persons are authorized to sign bids, and/or sign contracts and related documents to which the bidder will be duly bound. The City will verify all named signatories on Sunbiz.com. If the authorized person is not registered on Sunbiz.com,the bidder should provide with their bid submittal proof of authorization. Indicate Principal or Name Title Authorized Authority Tom Siller General Manager Authorized Authority Dan Kile Regional Business Manager Authorized Authority • Attachment A- Bidders Questionnaire Page 3 of 3 7/9/2021 Detail by Entity Name 'FLORIDA DEPARTMENT Of STATE" Division444 or CoPPOP,ATIOPIS iat DIVISION qf r'- '5.41/1012v CORPORATIONS ,, n,i rif7ir ktl.s,,„, +r1/(( irlrt iv hire° Department of Slate 1 Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company U.S. PEROXIDE, LLC Filing Information Document Number M04000000861 FEI/EIN Number 87-0715830 Date Filed 02/24/2004 State DE Status ACTIVE Last Event REINSTATEMENT Event Date Filed 03/31/2010 Principal Address 1375 Peachtree St NW to Suite 300N Atlanta, GA 30309 Changed: 04/24/2021 Mailing Address 1375 Peachtree St NW Suite 300N Atlanta, GA 30309 Changed: 04/24/2021 Registered Agent Name&Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 04/24/2006 Address Changed: 04/24/2006 Authorized Person(s)Detail Name&Address Title Manager Lutz, Robert search.sunbiz.org/InquirylCorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=USPEROXIDE M... 112 7/9/2021 Detail by Entity Name 1375 Peachtree St NW • Suite 300N Atlanta, GA 30309 Title Manager McFaden, Frank 1375 Peachtree St NW Suite 300N Atlanta, GA 30309 Annual Reports Report Year Filed Date 2019 03/21/2019 2020 05/11/2020 2021 04/24/2021 Document Images 0412412021--ANNIUAL-REORT View image in POE format ' 05/11/2020--ANNUAL REPORT ." View image in PDF format. 03/21/2019--ANNUAL REPORT; • • •View image in PDF format 02/05/2018--ANNUAL REPORT • View tinge in PDF format 02/27/2017--ANNUAL REPORT'.' Viewimage in PDF format 0i/25/2016--ANNUAL REPORT •View Image In.PDF format 02/23/2015--ANNUAL REPORT View image in PDF format J 0 /09/2014--ANNUAL REPORT View image in PDFformat 03/22/2013--ANNUAL REPORT • View image in PDF format _J 03/20/2012--ANNUAL REPORT View image.in PDF format 0711 5/201 1—ANNUAL REPORT . View Image in PDF format 03131/2010--Reinstatement • . View image'in PDF format• J 10/15/2006—Reinstatement • View image in.PDF format• J 03ms/2_007—ANNUAL REPORT 'View image in POE format I 03/06/2.007••-REINSI'AT�MENT View_image in PDF format I 04/24/2006—Reg.Agent Change View image in PDF format 1 04/19/2005—ANNUAL REPORT View image in PDF format • 02/24/2004—Foieign Limited Viiew image in PDF format Florida Department of State.Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=ln/ial&searchNameOrder=USPEROXIDE M... 2/2 Hydrogen Sulfide Control Services IFB21-0285 Reference#3: Name:City of Boynton Beach Address: 124 E. Woolbright Road,Boynton Beach, FL 33435 Telephone No.:561-742-6423 Fax No.:561-742-6090 Contact:Joe Paterniti E-mail:paternitij(a7bbfl.us Project/Contract Title: Waste water Odor Control Chemicals and Services Project Contract Number:BID#013-2821-17/JMA Project/Contract Amount:Does not exceed $260,000 Project/Substantial Completion Date or Percent Complete:March 31 st 2022 Reference#4: Name:Palm Beach County Address:301 N. Olive Avenue West Palm Beach,FL 33401 Telephone No.:561-381-5307 Fax No.:561-246-2049 Contact:Rex McClung E-mail:rrwmcclungApbcwater.com Project/Contract Title: Hydrogen Peroxide&PRISC Technology for Palm Beach County Project Contract Number:Contract is with Evoqua Project/Contract Amount: Project/Substantial Completion Date or Percent Complete:August 26th 2022 AUTHORIZED SIGNATORIES The Bidder represents that the following persons are authorized to sign bids, and/or sign contracts and related documents to which the bidder will be duly bound. The City will verify all named signatories on Sunbiz.com. If the authorized person is not registered on Sunbiz.com,the bidder should provide with their bid submittal proof of authorization. Indicate Principal or Name Title Authorized Authority Tom Siller General Manager Authorized Authority Dan Kile Regional Business Manager Authorized Authority • Attachment A- Bidders Questionnaire Page 3 of 3 r LISP technologies Bidders es 8. RECYCLED CONTENT: A. List of items supplied containing recycled material and the percentage of recycled material contained in the items: N/A, 0% USP supplies bulk liquid hydrogen peroxide in 4500-gal delivery lots for each customer. B, Is your product packaged/shipped in material containing recycled content? N/A USP supplies bulk liquid hydrogen peroxide in 4500-gal delivery lots via full size tractor trailer. We reuse the tractor trailers to make multiple deliveries per week. C. is your product recyclable after it has reached its intended end use?N/A Hydrogen peroxide decomposes to oxygen and water after oxidizing contaminants in a water treatment system to CITY OF ORLANDO-IFB21-0285 LISP TECHNOLOGIES HYDROGEN SULFIDE CONTROL SERVICE 1375 PEACHTREE ST NE 300N ATLANTA,GA 30309 Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT B BIDDER'S CERTIFICATION FORM I have carefully examined the Invitation for Bids, Instructions to bidders. Standard and Special Conditions, Specifications, Contract and Acceptance Form and any other documents accompanying or made a part of this Invitation for Bids. I hereby propose to furnish the goods or services specified in the Invitation for Bids at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90)days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. • I certify that all information contained in this bid, including all exhibits and attachments completed and submitted with this hid,is trutbiiil to the best of my knowledge and belief. I further certify that I am duly authorized to submit this hid on behalf of the bidder as its act and deed and that the I vendor/contractor is ready,willing and able to perform if awarded the bid, • I certify, under oath, that this bid is made without prior understanding, agreement. connection, discussion,or collusion with any other person, firm or corporation submitting a bid for the same product or service. I timber certify that no officer, employee or agent of the City of Orlando or of any other Proposer has a financial interest in this bid. .1 further certify., that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. State of (AJV ' US Peroxide, LLC, dba USP Technologies County of jrairt-f2j_g,..k_ __ • . NAME OF BUSINESS S worn tg(or affirmed)and subscribed before me ."---- i\\ this 2 day of.___ ...)Ly 20 al,by \L t") ------ I , . i ‘ ... SIGNATURE • Dan Kite-Regional Business Manager ____. ....... NAME&'FITI,E,TYPED OR.PRINTED iCt.,491-42461-.(4t. Signature of Notary 1375 Peachtree St NE Suite 300N Notary Public,State of • Le(A/ _ _ MAILING ADDRESS Atlanta, GA 30309 Personally Known CITY,STATE, ZIP CODE -OR- Produced Identification t'• . ,....) , o (4°4)352-6070 --- TELEPHONE NUMBER Type: . 1 Il A "s) __.1 ky 1 • ,..., (404),352-6077 Company Tax ID A FAX NUMBER. (rho My only reqn irks Company'fiu:(1)numbers. l'he City i$not requesting individual Axial security numbers.) dkile©usptechnologies.com E-MAIL ADDRESS SEAL-NOTARY PUBLIC StrAgT4A0rYIRGINIA MT DANK A .._I,E.,, ., ‘!! r,,A0M1 6719 Attachment B-Bidder's Certification Form .; .- • • — _ _______ • Hydrogen Sulfide Control Services IF11321-0285 ATTACHMENT C CONTRACT AND ACCEPTANCE FORM Upon execution of this contract below by the City of Orlando ("City"),the undersigned hereby agrees to provide all goods and services set forth in its bid in response to the above referenced solicitation ("Solicitation") in accordance with, and subject to, all terms, conditions, and provisions of the Solicitation at the prices set firth in the undersigned's bid for the items and work awarded to it by the City. 'This Contract and Acceptance Form together with the (i) Solicitation,including all addenda, and (ii) the undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the bid, all of which are hereby incorporated herein by this reference, shall constitute the formal written contract betwc a he City and the undersigned, — =x -• a .__....... _ State oI' J SIGNA"r' RE County of 1,1r1A0 Dan Ki{e-Regional Business Manager Sworn to(or affirmed)and subscribed before me NA ME&TITLE,TYPED OR PRINTED thisQ 'day of.7(,&.. .._,20a,by US Peroxide, LLC. dba USP Technologies ,n, a`� Q'y1`g� NAME OF BUSINESS /S• `nature of NotaryL� u 1375 Peachtree St NE Suite 3MON Notary Public,State of_ 0� MAILING ADDRESS Atlanta, GA 30309 Personally Know (arc @ INT* YAM'PUBLIC A E OF wa rV1(1.4 un SAMARAODOM-M&.Milk t0 fi'I'I ZIP C:ODi -OR ' w:' F ° F`i v� i CITY,ST `'w" `t C':•nr;ciG^ (IHCSf' II!tIY'2ae,a • PHONE: ( 404 )362-6070 Produced identification:---`--. FAX: 404 52-60T? 37�0715$30 t ._. ) Type of identification:., E-MAIL: dkilet usptechnoiogies,com ASINq NNaN4UNRN11Comose N N NNNNN NNN11NNNf NNN wR*#1041 NMN*NU*p* 00411011N1INSIONYMRl NRmwilionN FOR USE BY THE CITY OF ORLANDO ONLY This contract is awarded to the party listed above as a: Primary Supplier:,_x Secondary Supplier: This contract is for: All Item Numbers: x or Item Numbers: INITIAL CONTRACT TERM: August24,2021 to ALIusi23;2024 .. ACCEPTANCE,: APPROVED AS TO FORM AND LEGALITY CITY �OF OORRLLANDO,FLORIDA for the use and reliance of the *`e �L/ 1 �� City of Lando,Florida, onl . , By: Chief Procurement Officer Assis ant City Attorney ORLANDO,FI,URIC)A DAVID BILLINGSLEY,CPSM,C.P.M. Date: R v 5k •Z tp 20-Z1 Date:_,A &_ 2 Attachment C-Contract and Acceptance Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT D MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM: Chapter 57, Article II, Minority Business Enterprise (MBE), and Article III, Women/Owned Business Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE), respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to.Minority and Women/Owned Business Enterprises(MWBE). For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact: Minority Business Enterprise City Hall at One City Commons 400 South Orange Avenue - 8th Floor Orlando,Florida 32801 (407) 246-2623 If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the City stating that your company is certified by the City as a Minority/Women-Owned Business Enterprise: Business Name: N/A to Certification Number: Expiration Date: There shall be no third party beneficiaries of the Minority Business Enterprise or Women-Owned Business Enterprise provisions of this contract. The City of Orlando shall have the exclusive means of enforcement of the MBE/WBE Ordinance and contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57, Articles II and III. In order for a bidder to receive credit for MBE/WBE certification,the firm must be certified with the City of Orlando MBE/WBE Office on or before the date set for submittal of bids. City Code Chapter 57, Articles II and III, govern the City's Minority and Women Business Enterprise Programs. The awarded Bidder may be asked to meet with the City's M/WBE Department after the Notice of Intended Action-Award of Bid has been posted to discuss any potential subcontracting opportunities with City certified M/WBE firms. Attachment D-Minority/Women Owned Business Enterprise Participation Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT E VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM In order to foster economic development and business opportunities, promote the growth and development of local businesses, and rectify the economic disadvantages of service-disabled veterans and wartime veterans who have made extraordinary sacrifices on behalf of the nation, the City of Orlando has adopted a Veteran Business Enterprise ("VBE") Preference. For further information regarding this program,please refer to Chapter 7 of the Code of the City of Orlando. In order for a bidder to receive credit for VBE certification for this solicitation, the bidder must have its principal place of business in the Metropolitan Statistical Area (i.e. Orange, Lake, Seminole or Osceola Counties) and be a certified veteran business enterprise by the State of Florida Department of Management Services as set forth in Section 295.187 of the Florida Statutes as of the date set for submittal of bids. If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the State of Florida Department of Management Services stating that your company is certified as a veteran business enterprise: Business Name: N/A Certification Number: to Expiration Date: There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Preference Ordinance and any contract terms. No right of action for non- signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando. Attachment E-VBE Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT F CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Bid the name of any officer, director, employee or agent(or their spouse or child) who is also an employee or officer of the City of Orlando. Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest of more than five percent(5%)in the Respondents firm or any of its affiliates or subsidiaries. By submission of this Bid, the Bidder certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City(or their spouse or child), directly or indirectly, owns an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain, or in any other way effecting, the award of the contract to this Respondent. Disclosures: • N/A Name of Company: US Peroxide, LLC.dba USP Technologies to Attachment F-Conflict of Interest Disclosure Form Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT G CONFIDENTIAL AND/OR PROPRIETARY INFORMATION EXEMPTION FORM In accordance with the Proprietary Information Section of this Solicitation, please list below items, if any, that are to be considered confidential and/or proprietary and which are believed to be exempt from disclosure. If none,please indicate N/A. Detailed Explanation/Justification - - Page No. Section Applicable with specific language from the Florida Statute Exempting Law that would allow this item to be ConfidentiaVProprietary N/A to US Peroxide,LLC.dba USP Technologies Name of Company: Attachment G-Confidential& Proprietary Hydrogen Sulfide Control Service IFB21-0285 ATTACHMENT H ADDENDUM RECEIPT VERIFICATION Bidders must acknowledge each addenda on this form and upload document to the your bid submittal on vendorlink. Failure to acknowledge and upload EACH addenda may result in a non-responsive bid. The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each): Addendum No. 1 Dated 7/2/2021 Addendum No. 2 Dated 7/6/2021 Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated to US Peroxide, LLC. dba USP Technologies Company Signature Dan Kile Print Name Regional Business Manager Title Attachment H—Addendum Receipt Verification M �`h January 4, 2021 USP TECHNOLOGIES 1375 PEACHTREE ST. NE SUITE 300N ATLANTA GA 30309 USA To the attention of: Health, Safety and Environment Officer Thank you for your interest in Solvay Chemicals Inc. products. Enclosed is a Safety Data Sheet (SDS) for the product(s) purchased by your company. The SDS provides important health and safety information. We suggest that you review this document prior to handling the product. For the SDS to serve as an efficient means of hazard communication, it must be made available to all those who handle and are responsible for operations involving this product. We strongly urge you to distribute an SDS to all employees, handlers and users of this to product. In addition to health and safety information, the SDS contains information that may help you comply with chemical control laws and regulations. Please refer to Section 15 of the SDS for country specific regulatory information (i.e.WHMIS, etc.). SDSs in various languages for North America may be available on our website (www.solvaychemicals.us) or upon request to your local Sales Representative. If you have received this in error or wish to have the SDS redirected, please contact your Customer Account Representative. Thank you for thinking of Solvay for your chemical needs Sincerely, Dr. Marc A. Feldman, CMQ/OE Regulatory Affairs Manager Solvay Chemicals,Inc.,3333 Richmond Avenue,Houston,Texas 77098-3099,P.O.Box 27325,Houston,Texas 77227.7328 Tel:713.525,6500 FAX:713.525.7806 www.Solvay.com rJSP technologies Exceptions U.S. Peroxide LLC. Dba USP Technologies appreciates the opportunity to conduct business with you.To help provide the City of Orlando with the best and most cost-effective products and services we can offer,we respectfully request the opportunity to negotiate reasonable terms and conditions prior to finalizing the contract. to CITY OF ORLANDO-IFB21-0285 USP TECHNOLOGIES HYDROGEN SULFIDE CONTROL SERVICE 1375 PEACHTREE ST NE 300N ATLANTA,GA 30309 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 SECTION 1: identification of the substance/mixture and of the company/undertaking 1.1 Product identifier - Trade name INTEROX®Technical Grade 50 Hydrogen Peroxide - Chemical name Hydrogen peroxide - Synonyms Hydrogen peroxide, aqueous solution - Molecular formula H202 1.2 Relevant identified uses of the substance or mixture and uses advised against Uses of the Substance/Mixture - Bleaching agents - Chemical industry - Electronic industry - Metal treatment - Odor agents - Oxidizing Agents - Textile industry - Water treatment - Manufacture of pulp, paper and paper products 1.3 Details of the supplier of the safety data sheet Company SOLVAY CHEMICALS, INC. to 3737 Buffalo Speedway, Suite 800, Houston,TX 77098 USA Tel:+1-800-7658292;+1-713-5256800 Fax:+1-713-5257804 1.4 Emergency telephone FOR EMERGENCIES INVOLVING A SPILL, LEAK,FIRE, EXPOSURE OR ACCIDENT,CONTACT CHEMTREC(24-Hour Number): 800-424-9300 within the United States and Canada,or 703-527-3887 for international collect calls. Disclaimer The®indicates a Registered Trademark in the United States and the M indicates a trademark in the United States.The mark may also be registered,subject of an application for registration,or a trademark in other countries. P04000016413 Version:2.00 / US(Z8) : SOLVAY www.solvay.com 1/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 SECTION 2: Hazards identification Although OSHA has not adopted the environmental portion of the GHS regulations,this document may include information on environmental effects. 2.1 Classification of the substance or mixture -- HCS 2012(29 CFR 1910.1200) Oxidizing liquids, Category 2 H272: May intensify fire; oxidizer. Acute toxicity,Category 4 H302: Harmful if swallowed. Skin corrosion,Category 1A H314:Causes severe skin bums and eye damage. Serious eye damage, Category 1 H318:Causes serious eye damage. Specific target organ toxicity-single exposure, H335: May cause respiratory irritation. (Respiratory system) Category 3 2.2 Label elements HCS 2012(29 CFR 1910.1200) Pictogram Signal Word - Danger to Hazard Statements - H272 May intensify fire;oxidizer. - H302 Harmful if swallowed. - H314 Causes severe skin burns and eye damage. - H335 May cause respiratory irritation. Precautionary Statements Prevention - P210 Keep away from heat. - P220 Keep/Store away from clothing!combustible materials. - P221 Take any precaution to avoid mixing with combustibles. - P261 Avoid breathing dust/fume/gas/mist/vapors/spray. - P264 Wash skin thoroughly after handling. - P270 Do not eat,drink or smoke when using this product. - P271 Use only outdoors or in a well-ventilated area. - P280 Wear protective gloves/protective clothing/eye protection/face protection. Response - P301 +P312+P330 IF SWALLOWED: Call a POISON CENTER/doctor if you feel unwell. Rinse mouth. - P301 +P330+P331 IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. - P303+P361 +P353 lF ON SKIN(or hair):Take off immediately all contaminated clothing. Rinse skin with water!shower. - P304+P340+P310 IF INHALED:Remove person to fresh air and keep comfortable for breathing. Immediately call a POISON CENTER/doctor. - P305+P351 +P338+P310 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/doctor. - P363 Wash contaminated clothing before reuse. - P370+P378 In case of fire: Use water spray to extinguish. Storage - P403+P233 Store in a well-ventilated place. Keep container tightly closed. - P405 Store locked up. P04000016413 Version:2.00 / US(Z8) SOLVAY www.solvay.com 2/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Disposal - P501 Dispose of contents/container to an approved waste disposal plant. 2.3 Other hazards which do not result in classification - H401:Toxic to aquatic life. - Oxidizing - Contact with combustible material may cause fire. - Harmful by inhalation and if swallowed. - Causes bums. SECTION 3: Composition/information on ingredients 3.1 Substance - Not applicable,this product is a mixture. 3.2 Mixture - Synonyms Hydrogen peroxide, aqueous solution - Formula H202 - Chemical name Hydrogen peroxide Hazardous Ingredients and Impurities Identification number Chemical name Concentration j%] to CAS-No. Hydrogen peroxide(H202) 7722-84-1 >=59-<60 The specific chemical identity and/or exact percentage(concentration)of composition has been withheld as a trade secret. SECTION 4: First aid measures 4.1 Description of first-aid measures General advice - Show this material safety data sheet to the doctor in attendance. In case of inhalation - Move to fresh air. - Oxygen or artificial respiration if needed. - Victim to lie down in the recovery position,cover and keep him warm. - Call a physician immediately. In case of skin contact - Take off contaminated clothing and shoes immediately. Wash off immediately with plenty of water. - Keep warm and in a quiet place. - Call a physician or poison control center immediately. - Wash contaminated clothing before re-use. In case of eve contact - Call a physician or poison control center immediately. - Rinse immediately with plenty of water,also under the eyelids,for at least 15 minutes. - In the case of difficulty of opening the lids,administer an analgesic eye wash (oxybuprocaine). P04000016413 Version:2.00 / US(Z8) www.soivay.com `a. 3/20 SAFETY DATA SHEET INTEROX®Technical Grade 5Q Hydrogen Peroxide Revision Date 09/24/2020 - Take victim immediately to hospital. In case of ingestion - Call a physician or poison control center immediately. - Take victim immediately to hospital. _ - If swallowed, rinse mouth with water(only if the person is conscious). - Do NOT induce vomiting. Artificial respiration and/or oxygen may be necessary. - If victim is conscious: - If swallowed, rinse mouth with water(only if the person is conscious). - Do NOT induce vomiting. - If victim is conscious: - If swallowed, rinse mouth with water(only if the person is conscious). - Do NOT induce vomiting. - If victim is unconscious: - Artificial respiration and/or oxygen may be necessary. - If victim is unconscious: - Artificial respiration and/or oxygen may be necessary. 4.2 Most important symptoms and effects, both acute and delayed in case of inhalation Symptoms - Breathing difficulties to - Cough - pulmonary edema - Nausea - Vomiting Effects - Corrosive to respiratory system. Repeated or prolonged exposure - Nose bleeding - Risk of chronic bronchitis In case of skin contact Symptoms - Redness - Swelling of tissue Effects - Corrosive - Causes severe burns. In case of eye contact Symptoms - Redness - Lachrymation - Swelling of tissue Effects - Corrosive - Causes severe bums. P04000016413 Version:2.00 / US(ZB) SOLVAY www.solvay.com 4/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 - Small amounts splashed into eyes can cause irreversible tissue damage and blindness. In case of ingestion Symptoms - Nausea - Abdominal pain -- Bloody vomiting - Diarrhea - Suffocation - Cough - Severe shortness of breath Effects - If ingested,severe burns of the mouth and throat, as well as a danger of perforation of the esophagus and the stomach. - Risk of respiratory disorder 4.3 Indication of any immediate medical attention and special treatment needed Notes to physician - Take victim immediately to hospital. - Immediate medical attention is required. - Consult with an ophthalmologist immediately in all cases. - Bums must be treated by a physician. - If swallowed - Avoid gastric lavage(risk of perforation). - Keep under medical supervision for at least 48 hours. to SECTION 5: Firefighting measures Flash point Not applicable Autoignition temperature The product is not flammable. Flammability/Explosive limit No data available 5.1 Extinguishing media Suitable extinguishing media - Water - Water spray Unsuitable extinguishing media - None. 5.2 Special hazards arising from the substance or mixture Specific hazards during fire fighting - Oxidizing - Oxygen released in thermal decomposition may support combustion - Contact with combustible material may cause fire. - Contact with flammables may cause fire or explosions. - Risk of explosion if heated under confinement. - Risk of explosion by shock,friction,fire or other sources of ignition. P04000016413 Version:2.OD I US(Z8) , SOLVAY www.solvay.com 5/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 • Hazardous combustion products: - Oxygen - The release of other hazardous decomposition products is possible. 5.3 Advice for firefighters Special protective equipment for fire-fighters - Evacuate personnel to safe areas. - In the event of fire,wear self-contained breathing apparatus. - When intervention in close proximity wear acid resistant over suit. - Clean contaminated surface thoroughly. Further information - Keep product and empty container away from heat and sources of ignition. - Keep containers and surroundings cool with water spray. - Approach from upwind. - Prevent fire extinguishing water from contaminating surface water or the ground water system. - Keep product and empty container away from heat and sources of ignition. Keep containers and surroundings cool with water spray. - Approach from upwind. SECTION 6: Accidental release measures to 6.1 Personal precautions,protective equipment and emergency procedures Advice for non-emergency personnel - Evacuate personnel to safe areas. - Keep people away from and upwind of spill/leak. Advice for emergency responders - Use personal protective equipment. - Drying of this product on clothing or combustible materials may cause fire. - Keep wetted with water. - Prevent further leakage or spillage. - Keep away from incompatible products 6.2 Environmental precautions - Should not be released into the environment. - If the product contaminates rivers and lakes or drains inform respective authorities. - The product should not be allowed to enter drains,water courses or the soil. - If the product contaminates rivers and lakes or drains inform respective authorities. 6.3 Methods and materials for containment and cleaning up - Dilute with plenty of water. Dam up. - Do not mix waste streams during collection. - Soak up with inert absorbent material. - Keep in properly labeled containers. - Keep in suitable,closed containers for disposal. P04000016413 Version:2.00 1 US(Z8) SOLVAY www.solvay.com e3.. 6/20 SAFETY DATA SHEET • INTEROX®Technical Grade 50 Hydrogen Peroxide 4.. Revision Date 09/24/2020 - Treat recovered material as described in the section"Disposal considerations". - Dam up. Soak up with inert absorbent material. - Dilute with plenty of water. - Do not add chemical products. —- Treat recovered material as described in the section"Disposal considerations". - Never return spills in original containers for re-use. 6.4 Reference to other sections • - Refer to protective measures listed in sections 7 and 8. SECTION 7: Handling and storage 7.1 Precautions for safe handling - Use only in well-ventilated areas. - Before all operations,passivate the piping circuits and vessels according to the procedure recommended by the producer. - Use only clean and dry utensils. - Never return unused material to storage receptacle. - Keep away from heat. - Avoid inhalation,ingestion and contact with skin and eyes. - Keep away from incompatible products Hygiene measures to - Ensure that eyewash stations and safety showers are close to the workstation location. - Take off contaminated clothing and shoes immediately. - Wash contaminated clothing before re-use. - When using do not eat,drink or smoke. - Wash hands before breaks and at the end of workday. - Handle in accordance with good industrial hygiene and safety practice. - Use only in an area equipped with a safety shower. - Eye wash bottle with pure water 7.2 Conditions for safe storage, including any incompatibilities P04000016413 Version:2.00 / US(Z8) www.solvay.com 7/20 SAFETY DATA SHEET • INTEROX®Technical Grade 50 Hydrogen.Peroxide Revision Date 09/24/2020 Technical measures/Storage conditions - Keep only in the original container. - Store in a well-ventilated place. Keep cool. - Store in a receptacle equipped with a vent. - Keep in properly labeled containers. - Keep container closed. - Keep in a contained area - Keep away from heat/sparks/open flames/hot surfaces. No smoking. - Regularly check the condition and temperature of,the containers. - Keep away from: - Incompatible products - Keep in a cool,well-ventilated place. - Keep away from heat. - Keep away from combustible material. - Store in a receptacle equipped with a vent. - Store in original container. - Keep container closed. - Keep in a contained area - Regularly check the condition and temperature of the containers. - Information about special precautions needed for bulk handling is available on request. - Refer to protective measures listed in sections 7 and 8. - Do not confine the product in a circuit,between closed valves,or in a container without a vent. - In industrial installations,apply the rules for the prevention of major accidents(consult an expert). Packaging material to Suitable material - aluminum 99.5% - stainless steel 304L/316L - Approved grades of HDPE. 7.3 Specific end use(s) - Contact your supplier for additional information SECTION 8: Exposure controls/personal protection Introductory Remarks:These recommendations provide general guidance for handling this product. Because specific work environments and material handling practices vary,safety procedures should be developed for each intended application.Assistance with selection, use and maintenance of worker protection equipment is generally available from equipment manufacturers. 8.1 Control parameters Components with workplace occupational exposure limits Components Value type Value Basis Hydrogen peroxide(H202) TWA 1 ppm National Institute for Occupational Safety and 1,4 mg/m3 Health Hydrogen peroxide(H202) TWA 1 ppm American Conference of Governmental Industrial Hygienists Hydrogen peroxide(H202) TWA 1 ppm Occupational Safety and Health Administration 1.4 mg/m3 -Table Z-1 Limits for Air Contaminants P04000016413 Version:2.00 / US(Z8) AY ww.solvay.comSOCtd w 8/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 IThe value in mg/m3 is approximate. NIOSH IDLH(Immediately Dangerous to Life or Health Concentrations} Components CAS-No. Concentration Hydrogen peroxide(H202) 7722-84-1 75 parts per million 8.2 Exposure controls Control measures Engineering measures - Provide adequate ventilation. - Apply technical measures to comply with the occupational exposure limits. - Ensure adequate ventilation. - Apply technical measures to comply with the occupational exposure limits. - Refer to protective measures listed in sections 7 and 8. Individual protection measures Respiratory protection - Use respirator when performing operations involving potential exposure to vapor of the product. - When workers are facing concentrations above the exposure limit they must use appropriate certified respirators. - Respirator with a vapor filter(EN 141) - Recommended Filter type: ABEK-P2 - Self-contained breathing apparatus in confined spaces/insufficient oxygen/in case of large uncontrolled emissions/in all circumstances when the mask and cartridge do not give adequate protection. to - Use only respiratory protection that conforms to international/national standards. - Use NIOSH approved respiratory protection. - Wear an approved full-face air supplied respirator for excessive or unknown concentrations.Selected chemical cartridges for respirators, i.e.OV, OV/AG,GME have been tested successfully under lab conditions to remove hydrogen peroxide and peracetic acid vapors in concentrations exceeding the applicable exposure limits.Further information is available in a Solvay Chemicals, Inc.Technical Communication, located at http:/lwww,solvaychemicals.us/resource.htm in the Peractic Acid section. - Respirator with a vapor filter - Self-contained breathing apparatus in case of: 1)large uncontrolled emissions,2)insufficient oxygen, 3)the mask and cartridge do not give adequate protection. Hand protection - Impervious gloves - Take note of the information given by the producer concerning permeability and break through times,and of special workplace conditions(mechanical strain,duration of contact). - Protective gloves-impervious chemical resistant: PVC - Rubber gloves - Take note of the information given by the producer concerning permeability and break through times,and of special workplace conditions(mechanical strain,duration of contact). Suitable material - Nitrile rubber - Break through time:>480 min - Glove thickness: 1.3 mm - Nitrile/Neopren gloves - Break through time: 190 min - Glove thickness: 0.2 mm P04000016413 Version:2.00 / US(Z8) el: SOLVAY www.solvay.com 9/20 SAFETY DATA SHEET INTEROX®Technical Grade 5Q Hydrogen Peroxide - Revision Date 09/24/2020 Eye protection - Chemical resistant goggles must be worn. - If splashes are likely to occur,wear: - Tightly fitting safety goggles - Face-shield _. Skin and body protection - Impervious clothing - If splashes are likely to occur,wear: - Chemical resistant apron - Boots - Suitable material - PVC - Natural Rubber - Protective suit - If splashes are likely to occur,wear: - Apron - Boots - Suitable material - PVC - Natural Rubber Hygiene measures to - Ensure that eyewash stations and safety showers are close to the workstation location. - Take off contaminated clothing and shoes immediately. - Wash contaminated clothing before re-use. - When using do not eat,drink or smoke. - Wash hands before breaks and at the end of workday. - Handle in accordance with good industrial hygiene and safety practice. - Use only in an area equipped with a safety shower. - Eye wash bottle with pure water SECTION 9: Physical and chemical properties Physical and Chemical properties here represent typical properties of this product.Contact the business area using the Product information phone number in Section 1 for its exact specifications. 9.1 Information on basic physical and chemical properties Appearance Physical state: liquid Color: colorless Odor odorless Odor Threshold No data available Molecular weight 34 g/mol 2.0(70°F(21 °C)) P04000016413 Version:2.00 ! US(Z8) SOLVAY www.solvay.com 10/20 SAFETY DATA SHEET INTEROX®Technical Grade SO Hydrogen Peroxide Revision Date 09/24/2020 H202 50% pKa: 11.6(77°F(25°C)) Melting point/freezing point Freezing point:-62°F(-52°C) H202 50% Initial boiling point and boiling range Boiling point/boiling range:237°F(114°C) H2O2 50 Flash point Not applicable Evaporation rate(Butylacetate=1) No data available Flammability(solid,gas) Not applicable Flammability(liquids) The product is not flammable. Flammability)Explosive limit Explosiveness: Not explosive With certain materials(see section 10). Autoignition temperature The product is not flammable. Vapor pressure No data available Vapor density 1.02 Density Bulk density: Not applicable to Relative density 1.20 (68°F(20°C)) H202 50% Solubility Water solubility: soluble Partition coefficient: n-octanollwater log Pow: -1.57 Method:Calculation method Decomposition temperature >= 140°F(>=60°C) Self-Accelerating decomposition temperature(SADT) Decomposition temperature < 140°F(<60°C) Slow decomposition Viscosity Viscosity,dynamic: 1.17 mPa.s (68°F(20°C)) H202 50% Explosive properties No data available Oxidizing properties The substance or mixture is classified as oxidizing with the category 2. 9.2 Other information No data available SECTION 10: Stability and reactivity 10.1 Reactivity P04000016413 Version:2.00 / US(Z8) www.solvay.com 11/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 - Strong oxidizer. Contact with other material may cause fire. - Decomposes on heating with potential large quantities of gas release(oxygen). - Potential for exothermic hazard 10.2 Chemical stability - Stable under recommended storage conditions. 10.3 Possibility of hazardous reactions - Contact with combustible material may cause fire. - Contact with flammables may cause fire or explosions. - Contact with incompatible material may cause exothermic decomposition with gas release. - Risk of explosion if heated under confinement. - Fire or intense heat may cause violent rupture of packages. 10.4 Conditions to avoid - Contamination - To avoid thermal decomposition,do not overheat. 10.5 Incompatible materials - Acids - Bases - Metals to - Heavy metal salts - Powdered metal salts - Reducing agents - Organic materials - Flammable materials 10.6 Hazardous decomposition products - Oxygen - The release of other hazardous decomposition products is possible. SECTION 11:Toxicological information 11.1 Information on toxicological effects Acute toxicity Acute oral toxicity Hydrogen peroxide(H202) Acute toxicity estimate: 431 mg/kg -Rat, male and female Method:OECD Test Guideline 401 This product is classified as acute toxicity category 4 Unpublished reports Acute inhalation toxicity Hydrogen peroxide(H202) LC50-4 h(vapor): >0.17 mg/I -Rat Method:OECD Test Guideline 403 Not classified as hazardous for acute inhalation toxicity according to GHS. Unpublished reports P04000016413 Version:2.00 / US(Z8) www.solvay.com SO1 VAY 12/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Acute dermal toxicity Hydrogen peroxide(H2O2) Acute toxicity estimate : 6,440 mg/kg -Rabbit Method:OECD Test Guideline 402 Not classified as hazardous for acute dermal toxicity according to GHS. Unpublished reports Acute toxicity(other routes of No data available administration) Skin corrosion/irritation Causes bums. Serious eye damage/eve irritation Causes serious eye damage. Respiratory or skin sensitization Hydrogen peroxide(H2O2) Does not cause skin sensitization. Mutagenicity Genotoxicity in vitro Hydrogen peroxide(H2O2) Ames test with and without metabolic activation positive Published data Chromosome aberration test in vitro with and without metabolic activation to positive Unpublished reports Genotoxicity in vivo Hydrogen peroxide(H2O2) In vivo micronucleus test-Mouse Oral Method:OECD Test Guideline 474 negative Unpublished reports Carcinogenicity Hydrogen peroxide(H2O2) No data available This product does not contain any ingredient designated as probable or suspected human carcinogens by: NTP IARC OSHA Toxicity for reproduction and development Toxicity to reproduction I fertility Hydrogen peroxide(H2O2) No toxicity to reproduction Developmental Toxicity/Teratogenicity Hydrogen peroxide(H2O2) No toxicity to reproduction STOT STOT-single exposure P04000016413 Version:2.00 / US(Z8) SOLVAY www.solvay.com 13/20 SAFETY DATA SHEET INTEROX®"Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Hydrogen peroxide(H202) Routes of exposure: Inhalation Target Organs: Respiratory Tract May cause respiratory irritation. STOT-repeated exposure Hydrogen peroxide(H202) The substance or mixture is not classified as specific target organ toxicant, repeated exposure according to GHS criteria. Hydrogen peroxide(H202) Inhalation(vapor)90-day-Rat NOAEC: 7 ppm Target Organs: Respiratory Tract Method:OECD Test Guideline 413 Unpublished reports 90-day-Rat NOAEL: 100 ppm Target Organs: Gastrointestinal tract Method:OECD Test Guideline 408 drinking water Unpublished reports Experience with human exposure No data available Aspiration toxicity No data available SECTION 12: Ecological information to 12.1 Toxicity Aquatic Compartment Acute toxicity to fish Hydrogen peroxide(H202) LC50-96 h : 16.4 mg/I -Pimephales promelas(fathead minnow) semi-static test Analytical monitoring:yes Method:according to a standardized method Harmful to fish. Unpublished internal reports Acute toxicity to daphnia and other aquatic invertebrates Hydrogen peroxide(H202) EC50-48 h : 2.4 mg/I -Daphnia pulex(Water flea) semi-static test Analytical monitoring:yes Method:according to a standardized method Toxic to aquatic invertebrates. Unpublished internal reports Toxicity to aquatic plants Hydrogen peroxide(H202) ErC50-72 h : 2.62 mg/I -Skeletonema costatum (marine diatom) static test Analytical monitoring:yes Method:according to a standardized method Toxic to algae. Unpublished internal reports Toxicity to microorganisms P04000016413 Version:2.00 1 US(Z8) SOLVAY www.solvay.com 14/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Hydrogen peroxide(H202) EC50-0.5 h : 466 mg/I -activated sludge static test Analytical monitoring:yes Method: OECD Test Guideline 209 Unpublished internal reports Chronic toxicity to fish No data available Chronic toxicity to daphnia and other aquatic invertebrates Hydrogen peroxide(H202) NOEC: 0.63 mg/I-21 Days-Daphnia magna(Water flea) flow-through test Analytical monitoring:yes Method:according to a standardized method Harmful to aquatic invertebrates with long lasting effects. Published data 12.2 Persistence and degradability Abiotic degradation No data available Physical-and photo-chemical No data available elimination Biodegradation Biodegradability Hydrogen peroxide(H202) Ready biodegradability study: Method: Degradation in sewage treatment plants to The substance fulfills the criteria for ultimate aerobic biodegradability and ready biodegradability Inoculum: activated sludge Unpublished internal reports Degradability assessment Hydrogen peroxide(H202) The product is considered to be rapidly degradable in the environment 12.3 Bioaccumulative potential Partition coefficient: n-octanol/water Hydrogen peroxide(H202) Not potentially bioaccumulable Bioconcentration factor(BCF) Hydrogen peroxide(H202) Not potentially bioaccumulable 12.4 Mobility in soil Adsorption potential(Koc) Hydrogen peroxide(H202) Adsorption/Soil Koc: 1.58 Log Koc: 0.2 Method: Structure-activity relationship(SAR) Unpublished reports Known distribution to environmental compartments Hydrogen peroxide(H202) Ultimate destination of the product:Water P04000016413 Version:2.00 ! US(Z8) �' . SOLVAY www.solvay.com 15/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 12.5 Results of PBT and vPvB assessment This mixture contains no substance considered to be persistent, bioaccumulating and toxic(PBT). This mixture contains no substance considered to be very persistent and very bioaccumulating(vPvB). 12.6 Other adverse effects _.. Ecotoxicity assessment Short-term(acute)aquatic hazard Toxic to aquatic life. Long-term(chronic)aquatic hazard Not classified due to data which are conclusive although insufficient for classification. SECTION 13: Disposal considerations j 13.1 Waste treatment methods Product Disposal - Contact manufacturer. - Contact waste disposal services. - In accordance with local and national regulations. Waste Code - Environmental Protection Agency - Hazardous Waste—YES to - RCRA Hazardous Waste(40 CFR 302) - D001 -Ignitable waste—(I) - D002-Corrosive waste—(C) Advice on cleaning and disposal of packaging - Empty containers. - Clean container with water. - Dispose of rinse water in accordance with local and national regulations. - Where possible recycling is preferred to disposal or incineration. - In accordance with local and national regulations. SECTION 14:Transport information Transportation status: IMPORTANT! Statements below provide additional data on listed transport classification. The listed Transportation Classification does not address regulatory variations due to changes in package size, mode of shipment or other regulatory descriptors. DOT 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTIONS 14.3 Transport hazard class 5.1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II P04000016413 Version:2.00 / US(Z8) www.solvay.com SOLVAY 16/20 SAFETY DATA SHEET INTEROX®Technical Grade 54 Hydrogen Peroxide Revision Date 09/24/2020 ERG No 140 14.5 Environmental hazards NO Marine pollutant TDG 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTION 14.3 Transport hazard class 5,1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II ERG No 140 14.5 Environmental hazards NO Marine pollutant NOM to 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTION 14.3 Transport hazard class 5.1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II ERG No 140 14.5 Environmental hazards NO Marine pollutant IMDG 14.1 UN number UN 2014 14.2 Proper shipping name HYDROGEN PEROXIDE,AQUEOUS SOLUTION IMDG Code segregation group Peroxides(SGG16) 14.3 Transport hazard class 5.1 Subsidiary hazard class 8 Label(s) 5.1 (8) 14.4 Packing group Packing group II P04000016413 Version:2.00 / US(Z8) www.solvay.com 17/20 SAFETY DATA SHEET 'li:;l'l11 h1TEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 14.5 Environmental hazards NO Marine pollutant 14.6 Special precautions for user EmS F-H ,S-Q For personal protection see section 8. 14.7 Transport in bulk vessels according to IMO instruments No data available IATA 14.1 UN number UN 2014 14.2 Proper shipping name Not permitted for transport 14.3 Transport hazard class Not permitted for transport 14.4 Packing group Packing instruction(cargo aircraft) Not permitted for transport Packing instruction(passenger aircraft) Not permitted for transport 14.5 Environmental hazards NO to 14.6 Special precautions for user For personal protection see section 8. Other information : IATA: permitted under 40% Note:The above regulatory prescriptions are those valid on the date of publication of this sheet. Given the possible evolution of transportation regulations for hazardous materials,it would be advisable to check their validity with your sales office. SECTION 15: Regulatory information 15.1 Notification status Inventory Information Status United States TSCA Inventory - All substances listed as active on the TSCA inventory Canadian Domestic Substances List(DSL) - Listed on Inventory Australia Inventory of Chemical Substances(AICS) - Listed on Inventory Japan.CSCL-Inventory of Existing and New Chemical Substances - Listed on Inventory Korea.Korean Existing Chemicals inventory(KECI) - Listed on Inventory China. Inventory of Existing Chemical Substances in China(IECSC) - Listed on Inventory Philippines Inventory of Chemicals and Chemical Substances(PICCS) - Listed on Inventory P04000016413 Version:2.00 / US(Z8) ? ' www.solvay.com � SOLVAY 18/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 Taiwan Chemical Substance Inventory(TCSI) - Listed on Inventory New Zealand. Inventory of Chemical Substances - All components are listed on the NZIoC inventory.Additional HSNO obligations may apply.Please refer to Section 15 of SDS for New Zealand. EU. European Registration, Evaluation,Authorisation and Restriction of Chemical - When purchased from a Solvay legal (REACH) entity based in the EEA("European Economic Area"),this product is compliant with the registration provisions of the REACH Regulation(EC)No. 1907/2006 as all its components are either excluded,exempt,and/or registered.When purchased from a legal entity outside of the EEA,please contact your local representative for additional information. 15.2 Federal Regulations US. EPA EPCRA SARA Title Ill SARA HAZARD DESIGNATION SECTIONS 311/312(40 CFR 370) Oxidizer(liquid,solid or gas) Yes Acute toxicity(any route of exposure) Yes to Skin corrosion or irritation Yes Serious eye damage or eye irritation Yes Specific target organ toxicity(single or repeated exposure) Yes The categories not mentioned are not relevant for the product. Section 313 Toxic Chemicals(40 CFR 372.65) This material does not contain any chemical components with known CAS numbers that exceed the threshold(De Minimis) reporting levels established by SARA Title III, Section 313. Components CAS-No. Threshold planning Remarks quantity Hydro_c en peroxide(H202) 7722-84-1 1000 lb Form:>52-100% Section 302 Emergency Planning Extremely Hazardous Substance Reportable Quantity 40 CFR 355) Components CAS-No. Reportable quantity Hydrogen peroxide(H202) 7722-84-1 1000 lb Section 304 Emergency Release Notification Reportable Quantity(40 CFR 355) Components CAS-No. Reportable quantity Hydrogen peroxide(H202) 7722-84-1 1000 lb US. EPA CERCLA Hazardous Substances and Reportable Quantities(40 CFR 302.4) Components CAS-No. Reportable quantity Nitric acid 7697-37-2 1000 lb Calculated RQ exceeds reasonably attainable upper limit. P04000016413 Version:2.00 / US(Z.8) www.solvay.com SOLVAY 19/20 SAFETY DATA SHEET INTEROX®Technical Grade 50 Hydrogen Peroxide Revision Date 09/24/2020 15.3 State Regulations US.California Safe Drinking Water&Toxic Enforcement Act(Proposition 651 This product does not contain any chemicals known to the State of California to cause cancer,birth,or any other reproductive defects. I SECTION 16: Other information Further information - Distribute new edition to clients - Update - See section 1 - See section 2 - See section 3 - See section 8 Date Prepared:09/24/2020 Key or legend to abbreviations and acronyms used in the safety data sheet - TWA:8-hour,time-weighted average - ACGIH:American Conference of Governmental Industrial Hygienists - OSHA:Occupational Safety and Health Administration - NTP: National Toxicology Program - IARC: International Agency for Research on Cancer - NIOSH: National Institute for Occupational Safety and Health ADR: European Agreement on International Carriage of Dangerous Goods by Road. - ADN: European Agreement on the International Carriage of Dangerous Goods by Inland to Waterways. - RID: European Agreement concerning the International Carriage of Dangerous Goods by Rail. - IATA: International Air Transport Association. - ICAO-TI: Technical Specification for Safe Transport of Dangerous Goods by Air. - IMDG: International Maritime Dangerous Goods. - TWA: Time weighted average - ATE: Estimated value of acute toxicity - EC: European Community number - CAS: Chemical Abstracts Service. - LD50: Substance that causes 50%(half)death in the test animals group(Median Fatal Dose). - LC50: Substance concentration causing 50%(half)death in the test animals group. - EC50: Effective Concentration of the substance causing the maximum of 50%. - PBT: Persistent, Bioaccumulative and Toxic substance. - vPvB: Very Persistent and Very Bioaccumulative. - SEA: Classification,labeling, packaging regulation DNEL: Derived No Effect Level - PNEC: Predicted No Effect Concentration - BHOT: Specific Target Organ Toxicity Not all acronyms listed above are referenced in this SDS. The information provided in this Safety Data Sheet is correct to the best of our knowledge, information, and belief at the date of its publication. Such information is only given as a guidance to help the user handle, use,process,store, transport, dispose, and release the product in satisfactory safety conditions and is not to be considered as a warranty or quality specification. It should be used in conjunction with technical sheets but do not replace them.Thus,the information only relates to the designated specific product and may not be applicable if such product is used in combination with other materials or in any other manufacturing process, unless otherwise specifically indicated. It does not release the user from ensuring he is in conformity with all regulations linked to its activity. P04000016413 Version:2.00 / US(Z8) www.solvay.com � 6. SOLVAY 20/20 pvs Safety Data Sheet chemistry for daily life" 4 PRODIUCT AND COMPANY IDENTIFICATION' Product Name Ferrous Chloride Solution Synonyms Iron(II)Chloride UN/ID No. UN1760 Item# 10248 Revision Date Jun-11-2020 Safety Data Sheet 3743 Recommended Use Water treatment chemical, Industrial wastewater treatment, Municipal wastewater treatment,Chrome reduction Uses advised against Consumer uses: Private households(=general public=consumers). Company Name PVS Technologies, Inc. 10900 Harper Ave. Detroit, MI 48213 (313)571-1100 24 Hour Emergency Phone Number CHEMTREC 1-800-424-9300 t IIAZARDS IDENTIFICATION Classification Acute toxicity-Oral Category 4 Acute toxicity-Inhalation(Gases) Category 4 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 May be corrosive to metals Category 1 to Carcinogenicity Category 1A Emergency Overview DANGER Hazard statements Causes severe skin burns and eye damage May cause cancer s> +� Precautionary statements Prevention •Obtain special instructions before use •Do not handle until all safety precautions have been read and understood •Use personal protective equipment as required •Wash face, hands and any exposed skin thoroughly after handling •Do not eat,drink or smoke when using this product •Use only outdoors or in a well-ventilated area •Do not breathe dust/fume/gas/mist/vapors/spray Response •Immediately call a POISON CENTER or doctor/physician •Specific treatment(see section 4 on this Safety Data Sheet) Eyes 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 Page 1 /9 Ferrous Chloride Solution doctor/physician Skin IF ON SKIN(or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower Wash contaminated clothing before reuse Inhalation IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing Call a POISON CENTER or doctor/physician if you feel unwell Immediately call a POISON CENTER or doctor/physician Ingestion IF SWALLOWED:Call a POISON CENTER or doctor/physician if you feel unwell Rinse mouth Do NOT induce vomiting Storage •Store locked up Disposal •Dispose of contents/container to an approved waste disposal plant Other Information - Other hazards •Harmful to aquatic life with long lasting effects •Harmful to aquatic life Unknown Acute Toxicity 0%of the mixture consists of ingredient(s)of unknown toxicity ,3, COMP JSITIONIi FORMAT.ON{y��?P.N 1NGRED�ENTS Chemical Nami3' ' S ' a"i Mgr Water 7732-18-5 231-791-2 70-84 Ferrous chloride 7758-94-3 231-843-4 16-30 Hydrogen chloride 7647-01-0 231-595-7 0-6 to General advice •Call 911 or emergency medical service •Remove and isolate contaminated clothing and shoes Eye contact •In case of contact with substance, immediately flush skin or eyes with running water for at least 20 minutes • Skin contact •For minor skin contact,avoid spreading material on unaffected skin Inhalation •Move victim to fresh air •if breathing is irregular or stopped,administer artificial respiration •Administer oxygen if breathing is difficult Ingestion •Immediate medical attention is required - •Do NOT induce vomiting •Never give anything by mouth to an unconscious person •Drink plenty of water '•Remove from exposure, lie down •Clean mouth with water and drink afterwards plenty of water •Call a physician or poison control center immediately Note to physician •Keep victim warm and quiet •Effects of exposure(inhalation, ingestion or skin contact)to substance may be delayed Self-protection for first aid •Ensure that medical personnel are aware of the material(s)involved and take precautions personnel to protect themselves •Do not use mouth-to-mouth method if victim ingested or inhaled the substance;give artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device Page 2/9 Ferrous Chloride Solution E Suitable extinguishing media •Dry chemical, CO2,alcohol-resistant foam or water spray •Dry chemical, CO2 or water spray •Move containers from fire area if you can do it without risk •Dike fire control water for later disposal;do not scatter the material Unsuitable extinguishing media •No information available Specific hazards arising from the •Some are oxidizers and may ignite combustibles(wood,paper,oil,clothing,etc.) chemical Protective equipment and •Wear a self-contained breathing apparatus and chemical protective clothing precautions for firefighters Flammable properties •Non-combustible,substance itself does not burn but may decompose upon heating to produce corrosive and/or toxic fumes •Contact with metals may evolve flammable hydrogen gas •Containers may explode when heated Explosive properties •No information available 0000 `" .VatUtteg , s.. .. . Personal precautions •ELIMINATE all ignition sources(no smoking,flares,sparks or flames in immediate area) •Do not touch damaged containers or spilled material unless wearing appropriate protective clothing •Stop leak if you can do it without risk Environmental precautions •For small spills absorb material on dry rags, cat litter or similar absorbent material and dispose of in the trash •For large spills,contain the material using barriers of absorbent pigs,clay absorbent or earth dams. to •US regulations require reporting spills of this material that could reach any surface waters. The toll-free phone number for the US Coast Guard National Response Center is 1-800-424-8802 Methods for cleaning up •Dike far ahead of liquid spill for later disposal •Soak up with inert absorbent material •Take up mechanically, placing in appropriate containers for disposal •Clean contaminated surface thoroughly •Prevent product from entering drains •Dam up •After cleaning,flush away traces with water Other Information •Do not get water inside containers or in contact with substance Advice on safe handling •Use personal protective equipment as required •Avoid contact with skin,eyes or clothing •Ensure adequate ventilation,especially in confined areas •In case of insufficient ventilation,wear suitable respiratory equipment •Use only with adequate ventilation and in closed systems Storage Conditions •Keep container tightly closed in a dry and well-ventilated place •Keep out of the reach of children •Keep containers tightly closed in a dry,cool and well-ventilated place •Keep in properly labeled containers Incompatible materials Contact with metals may evolve flammable hydrogen gas,Oxidizers, Strong bases, Reducing agents,Alcohols,Sulfides,Styrene, Incompatible with strong acids and bases, incompatible with oxidizing agents Page 3/9 Ferrous Chloride Solution '';`B: EXPOSURE CONTROLSIPERSONAL.PROTECThON `5 , Chemical Name ACGIH TLV OSHAPEL ' NIOSH IDLH Ferrous chloride TWA:1 mg/m3 Fe TWA:1 mg/m3 Fe 7758-94-3 Hydrogen chloride Ceiling:2 ppm Ceiling:5 ppm IDLH:50 ppm 7647-01-0 Ceiling:7 mg/m3 Exposure Guidelines Engineering Controls Ensure adequate ventilation,especially in confined areas. Individual protection measures,such as personal protective equipment Respiratory protection •A respiratory protection program that meets OSHA 1910.134 and ANSI Z88.2 requirements must be followed whenever workplace conditions warrant the use of a respirator. Eye/Face protection •Tight sealing safety goggles •Face protection shield Skin and body protection •Wear suitable protective clothing •Wear impervious protective clothing,including boots,gloves, lab coat,apron or coveralls, as appropriate,to prevent skin contact General Hygiene Considerations •When using do not eat,drink or smoke •Wash contaminated clothing before reuse •Keep away from food,drink and animal feeding stuffs •Contaminated work clothing should not be allowed out of the workplace •Regular cleaning of equipment,work area and clothing is recommended •Avoid contact with skin, eyes or clothing •Take off all contaminated clothing and wash it before reuse •Wear suitable gloves and eye/face protection to :9's RHYSIOALANDOEMICALI#ROPERTIES4' .. . `. Information on basic physical and chemical properties Physical state Liquid Appearance aqueous solution Color green to yellow Odor Iron Slight acidic Odor threshold No information available Property Values Remarks •Method pH <2.0 Melting point/Freezing Point -50 °C / -58 °F solution(20%) Boiling point/boiling range > 100 °C / 212 °F Flash point No information available Evaporation rate No information available Flammability(solid,gas) No information available Flammability Limit in Air Upper flammability limit(%) No information available Lower flammability limit(%); No information available Vapor pressure No information available Vapor density No information available Specific Gravity 1.20 20%Solution @17.5°C Water solubility No information available Solubility in other solvents No information available Partition coefficient No information available Autoignition temperature No information available Decomposition temperature No information available Kinematic viscosity No information available Page 4/9 Ferrous Chloride Solution Dynamic viscosity No information available Explosive properties No information available Oxidizing properties No information available Other Information Softening point°C No information available Molecular weight No information available VOC Content(%) No information available Density No information available Bulk density 10.00 Pounds per gallon(lb/gal) 1O STABILITY AND;;REACTIVITY Stability •Stable under recommended storage conditions Conditions to avoid •Elevated temperature •Exposure to air or moisture over prolonged periods Incompatible materials Contact with metals may evolve flammable hydrogen gas,Oxidizers, Strong bases, Reducing agents,Alcohols,Sulfides,Styrene, Incompatible with strong acids and bases, Incompatible with oxidizing agents Hazardous Decomposition Products•Thermal decomposition can lead to release of irritating and toxic gases and vapors Possibility of Hazardous Reactions •None under normal processing and storage a, ` Yir,.`1" :' 1 OPLO ICAL°INF R:MAT10 •1 Information on likely routes of exposure Principle Routes of Exposure Inhalation,Skin contact, Eye contact Inhalation May cause irritation of respiratory tract.Avoid breathing vapors or mists. to Ingestion May be harmful if swallowed. Skin contact May cause skin irritation and/or dermatitis. Eye contact Contact with eyes may cause irritation. Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 Water >90 mL/kg (Rat) 7732-18-5 Ferrous chloride 450 mg/kg(Rat) 7758-94-3 Hydrogen chloride 238-277 mg/kg (Rat) >5010 mg/kg (Rabbit) =1.68 mg/L (Rat)1 h 7647-01-0 Information on toxicological effects Symptoms No information available Delayed and Immediate effects as well as chronic effects from short and long-term exposure Sensitization No information available. Germ cell mutagenicity No information available. Carcinogenicity The table below indicates whether each agency has listed any in radiant as a carcinogen. Chemical Name ACGIH IARC NTP OSHA Hydrogen chloride Group 3 X 7647-01-0 _ IARC(International Agency for Research on Cancer) Not classifiable as a human carcinogen OSHA(Occupational Safety and Health Administration of the US Department of Labor) X-Present Reproductive toxicity No information available. STOT-single exposure No information available. STOT-repeated exposure No information available. Chronic toxicity Chronic exposure to corrosive fumes/gases may cause erosion of the teeth followed by jaw Page 5/9 Ferrous Chloride Solution necrosis. Bronchial irritation with chronic cough and frequent attacks of pneumonia are common. Gastrointestinal disturbances may also be seen.Avoid repeated exposure. Possible risk of irreversible effects. May cause adverse liver effects. Target Organ Effects Eyes,Gastrointestinal tract(GI), Liver, Respiratory system, Skin. Aspiration hazard No information available. Numerical measures of toxicity -Product Information Unknown Acute Toxicity 0%of the mixture consists of ingredient(s)of unknown toxicity The following values are calculated based on chapter 3.1 of the GHS document . Oral LD50 1569 mg/kg LC50(Gas) 18776.74 mg/I LC50(Dust/Mist) 16.7 mg/I. Ecotoxicity Ecotoxicity Harmful to aquatic life with long lasting effects 0%of the mixture consists of components(s)of unknown hazards to the aquatic environment Chemical Name Algae/aquatic plants Fish Crustacea Ferrous chloride 4:96 h Morone saxatilis mg/L LC50 7758-94-3 static Hydrogen chloride 282:96 h Gambusia affinis mg/L 7647-01-0 LC50 static Persistence and degradability No information available Bioaccumulation No information available Other adverse effects No information available D C}i S ER AT to Disposal of wastes •Dispose of in accordance with federal,state and local regulations •Dispose of hazardous waste in a RCRA licensed facility Contaminated packaging •Do not reuse container US EPA Waste Number •D002 DOT Proper shipping name CORROSIVE LIQUID,N.O.S. Hazard Class 8 UN/ID No. UN1760 Packing Group II RQ(lbs)(dry) Ferrous chloride: RQ kg=45.40 DOT Technical Name Hydrogen chloride Description UN1760, Corrosive liquid, n.o.s. (Hydrogen chloride),8,II, RQ Special Provisions B2, IB2,Ill,TP2,TP27 Emergency Response Guide 154 Number Transport Canada UN/ID No. UN1760 Proper shipping name CORROSIVE LIQUID, N.O.S. Hazard Class 8 Packing Group II Description UN1760, Corrosive liquid,n.o.s.(Hydrogen chloride),8,II IATA UN/ID No. UN1760 Page 6!9 Ferrous Chloride Solution Proper shipping name CORROSIVE LIQUID,N.O.S. Hazard Class 8 Packing Group II ERG Code 8L Special Provisions A3,A803 DOT Technical Name Hydrogen chloride IMDG UN/ID No. UN1760 Proper shipping name CORROSIVE LIQUID, N.O.S. Hazard Class 8 Packing Group II EmS-No. F-A,S-B Special Provisions 274 DOT Technical Name Hydrogen chloride ;° "15:'�REGULaTQ - INFORMATIC US Federal Regulations SARA 311/312 Hazard Categories Acute health hazard Yes Chronic Health Hazard Yes Fire hazard No Sudden release of pressure hazard No Reactive Hazard No SARA 313 Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). This product contains a chemical or chemicals which are subject to the reporting requirements of the Act and Title 40 of the Code of Federal Regulations, Part 372 Chemical Name SARA 313-Threshold Values% Hydrogen chloride-7647-01-0 1.0 to U.S.-TSCA(Toxic Substances Control Act)-Section 5(a)(2)-Chemicals with Significant New Use Rules(SNURs) CWA(Clean Water Act) This product contains the following substances which are regulated pollutants pursuant to the Clean Water Act(40 CFR 122,21 and 40 CFR 122.42) Chemical Name CWA-Reportable CWA-Toxic Pollutants CWA-Priority Pollutants CWA-Hazardous Quantities Substances Ferrous chloride 100 lb X 7758-94-3 Hydrogen chloride 5000 lb X 7647-01-0 CERCLA This material,as supplied,contains one or more substances regulated as a hazardous substance under the Comprehensive Environmental Response Compensation and Liability Act(CERCLA)(40 CFR 302) Chemical Name Hazardous Substances RQs CERCLA/SARA RQ RQ(lbs)(dry) Ferrous chloride 100 lb RQ 100 lb final RQ 7758-94-3 RQ 45.4 kg final RQ Hydrogen chloride 5000 lb 5000 lb RQ 5000 lb final RQ 7647-01-0 RQ 2270 kg final RQ Canada WHMIS Classification This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations(CPR)and the SDS contains all the information required by the CPR WHMIS Classification Non-controlled US State Regulations California Proposition 65 This product does not contain any Proposition 65 chemicals Page 7/9 Ferrous Chloride Solution U.S.State Right-to-Know Regulations Chemical Name New Jersey Massachusetts Pennsylvania Water X 7732-18-5 Ferrous chloride X X X 7758-94-3 Hydrogen chloride X X X 7647-01-0 DEA List I, List II Chemical Name U.S.-DEA -List I or Precursor U.S.-DEA -List II or Essential Chemicals Chemicals • Hydrogen chloride - 0.0 kg,Domestic Sales Weight 7647-01-0 50 gallon,Export Volume 27 kg,Export Weight International Inventories TSCA Complies DSLINDSL Complies EINECS/ELINCS Complies ENCS Complies IECSC Complies KECL Complies PICCS Complies AICS Complies Legend: TSCA -United States Toxic Substances Control Act Section 8(b)Inventory DSLINDSL -Canadian Domestic Substances List/Non-Domestic Substances List EINECS/ELINCS -European Inventory of Existing Chemical Substances/European List of Notified Chemical Substances ENCS -Japan Existing and New Chemical Substances IECSC -China Inventory of Existing Chemical Substances to KECL -Korean Existing and Evaluated Chemical Substances PICCS -Philippines Inventory of Chemicals and Chemical Substances AICS -Australian Inventory of Chemical Substances ';'S1 OTHER IN T IbN NFPA Health hazards 3 Flammability 0 Instability 0 Physical and Chemical Properties HMIS Health hazards 3 Flammability 0 Physical hazards 0 Personal protection D Item# 10248 Safety Data Sheet 3743 Revision Date Jun-11-2020 Issue Date Jun-11-2020 Version 5 Revision Note ***Updated value on SDS. Disclaimer All information,statements,data,advice,and/or recommendations,including,without limitation,those relating to storage, loading/unloading,piping,and transportation(collectively referred to herein as"information")are believed to be accurate,reliable,and based on reliable industry and regulatory references.However,no representation or warranty, express or implied,is made as to its completeness,accuracy,fitness for a particular purpose or any other matter, including,without limitation,that the practice or application of any such information is free of patent infringement or other intellectual property misappropriation.The Company providing this SDS is not engaged in the business of providing technical,operational,engineering,or safety information for a fee,and therefore,any such information provided herein has been furnished as an accommodation and without charge. All information provided herein is intended for use by persons having requisite knowledge,skill,and experience in the chemical industry.The Company providing this SDS shall not be responsible or liable for the use,application,or implementation of the information provided herein,and all such information is to be used at the risk,and in the sole judgment and discretion of such persons,their employees,advisors,and agents.This safety data sheet(SDS)is offered for your information, consideration,and investigation as required by federal hazardous products act and related legislation. Page 8/9 Ferrous Chloride Solution End of Safety Data Sheet to Page 9/9