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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-203Temp Reso #10826 Page 1 September 27, 2005 Revision 1 — October 6, 2005 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- d Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #2 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME CO. OF ALABAMA, INC., ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO FURNISH, DELIVER AND DISCHARGE QUICKLIME, PROVIDING FOR A ONE YEAR RENEWAL TERM EFFECTIVE 11/1/2005 THROUGH 10/31/2006, AMENDING THE PRICE ESCLATION/DE-ESCALATION STRUCTURE AND APPROVING A 14% COST PER TON INCREASE, FROM $129.64 PER TON TO $149.74 PER TON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Quicklime is a necessary ingredient required for the purification and processing of water at the City of Tamarac Water Treatment Plant; and WHEREAS, the City of Tamarac served as "lead agency" on Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co -Op), which was awarded to and an Agreement executed with Chemical Lime Co. of Alabama, Inc. (Chemical Lime), as evidenced by Resolution R2003-207 attached hereto as Exhibit 1; and Temp Reso #10826 Page 2 September 27, 2005 Revision 1 — October 6, 2005 WHEREAS, the City of Tamarac Commission approved the first renewal and authorization of Amendment #1 to the Agreement as evidenced by Resolution R2004-228, attached hereto as Exhibit 2; and WHEREAS, seventeen governmental agencies utilize this bid to purchase approximately 65,000 tons of quicklime. The City uses approximately 2,100 tons of the total annual volume purchased by the Co -Op; and WHEREAS, there is currently a shortage of quicklime in the Southeast Florida region as a result of increased demand for steel and cement, of which quicklime is a major component; and WHEREAS, the cost of metallurgical coal utilized as a critical raw ingredient in the production of quicklime has substantially increased in cost by approximately $20 per ton; and WHEREAS, fuel costs, which are a major component in the production and transport of quicklime via rail and truck have substantially increased during the past year; and WHEREAS, a market analysis conducted by staff confirmed that there are no competitors to Chemical Lime Co. of Alabama, Inc. who are able to provide the annual volume required by the Co -Op; and WHEREAS, the Purchasing and Contracts Manager, based upon the findings of this market analysis, and after extensive discussion with members of the Co -Op, has concluded that a new competitive sealed bid for quicklime would I Temp Reso #10826 Page 3 September 27, 2006 Revision 1 — October 6, 2005 not be in the best interest of the City or the Co -Op and could possibly result in even higher costs than currently proposed; and WHEREAS, a review of prices paid by other entities has shown that the pricing proposed is more competitive than other prices currently paid in the area; and WHEREAS, a negotiation committee was established by the Co -Op to negotiate a fair and equitable amendment to the costs and pricing structure of the original Agreement; and WHEREAS, after much discussion, continued market research and several meetings between the negotiation committee and representatives of Chemical Lime, it was agreed that a 14% increase per ton would be acceptable to both parties, which changed the price from $129.64 to $149.74 per ton for the second renewal term beginning 11/1/2005, as evidenced by Chemical Lime's confirming correspondence attached as Exhibit 3: and WHEREAS, the Purchasing and Contracts Manager and the Co -Op negotiating committee agreed that the City and the Co -Op would be best served by amending the existing Contract Sum language in the original Agreement by revising the language to include an escalation/de-escalation clause which bases price increases or decreases on actual market conditions at the time of annual contract renewal, and as documented and submitted by Chemical Lime in advance of the current contract term's expiration; and I Temp Reso #10826 Page 4 September 27, 2005 Revision 1 — October 6, 2005 WHEREAS, the Purchasing and Contracts Manager and the Co -Op negotiating committee agreed that the City and the Co -Op would be best served by amending the existing Contract Sum language in the original Agreement by revising language to include an additional escalation/de-escalation clause which provides for the payment of a fuel surcharge to be paid on a quarterly basis in recognition of adjustments to transport fuel costs; and WHEREAS, Chemical Lime has agreed to the terms of Amendment #2 to the original Agreement as evidenced by Exhibit 4: and WHEREAS, based on the negotiated price of $149.74 per ton, and an annual volume of 2,150 tons, the revised annual costs to the City will be approximately $321,941; and I WHEREAS, sufficient funds are available in the Utilities Department Operating and Contingency funds; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Amendment #2 to the Agreement with Chemical Lime be executed, authorizing a one year renewal term effective 11/1/2005 through 10/31/2006, amending the price escalation/de-escalation structure and authorizing a 14% cost per ton increase, from $129.64 to 149.74 per ton; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to execute I I Temp Reso #10826 Page 5 September 27, 2005 Revision 1 — October 6, 2005 Amendment #2 to the Agreement between the City and Chemical Lime Co. of Alabama, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The execution of Amendment #2 to the Agreement between the City and Chemical Lime Co. of Alabama Inc., on behalf of the Southeast Florida Governmental Purchasing Cooperative, providing for a one year renewal term effective 11/1/2005 through 10/31/2006, amending the price escalation/de-escalation structure and approving a 14% cost per ton increase from $129.64 to $149.74 per ton, is HEREBY AUTHORIZED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso #10826 Page 6 September 27, 2005 Revision 1 — October 6, 2005 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 0Cfybc __, 2005. ATTEST: d MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAfAUEL S. GOAVN t INTERIM CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION' MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 1 C 1 PROP(jbED CITY COMMISSION A( TR 10826 - EXHIBIT I Commission Meeting of: September 10, 2003 Cut Off Date: August 27. 2003 Is is 430 ILd 7u W 11 <> M Temporary Resolution Number: 10230 Item Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID 03-24B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO AND EXECUTE AN AGREEMENT WITH CHEMICAL LIME COMPANY OF ALABAMA, INC. FOR A PERIOD OF ONE YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL OPTIONS, ISSUED ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The initiating Department Director will place below, in sequence of transmittal, the n . ames of each department that must initial their review in order for this item to be placed on the City Commission agenda. Initials for Initials for Department Approval Disapproval Date Utilities 2.) Purchasing 3.) Finance 4.) Risk Management 5.) CMO 6.) City Attorney 7.) 8.) 9.) 10.) City Manager City Clerk Initiating Department Director's Signature: f Date: WAGENDAS�TEMP RESOS\#10230 Award 03-24B Quicklime\#10230 Quicklime Agenda.doc Form Revised 6/13/97 PROPUSED AGENDA ITEM Temp. Reso. # 102,30: STAFF APPROVAL RECOMMENDED EYES F1 NO The proposed Agenda item is being submitted for Staffs approval and recommendation for City Commission action on September 10, 2003. Original documentation is attached herewith for distribution and inclusion on the City Commission Agenda. PROPOSED AGENG-A ITEM A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID 03-24B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO,AND EXECUTE AN AGREEMENT WITH CHEMICAL LIME COMPANY OF ALABAMA, INC, FOR A PERIOD OF ONE YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL OPTIONS, ISSUED ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PURPOSE To award bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" and execute an agreement with Chemical Lime Company of Alabama, Inc. STAFF RECOMMENDATION The Director of Utilities and Purchasing and Contracts Manager recommend approval. ADVISORY BOARD RECOMMENDATION N/A FUNDING DATA Funding has been allocated from the fiscal year 2004 budget "Operating Supplies — Supplies — Chemicals". INSURANCE A current Certificate of Insurance is on file with the City. SUBMITTED BY: APPROVED BY: Date: . Date: U:�AGENDAS\TEMP RESOS\#10230 Award 03-24B Oijicklime\410230 Ouickhme Agenda,doc Form Revised 6/13/97 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING TO: Jeff Miller, DATE: August 27, 2003 City Manager FROM: Jim Nicotra, RE: Award Bid 03-24BY Interim Purchasing/Contracts "Furnish, Deliver and Manager Discharge of Quicklime" Recommendation: To authorize the appropriate City officials to award Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" to Chemical Lime Company of Alabama on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co -Op) and to execute an agreement with Chemical Lime Company for a one (1) year term, with four (4) additional one-year renewals. Issue: The City of Tamarac requires quicklime for water treatment at the City's Water Treatment Plant. BackgLound: Our current contract for quicklime with Chemical Lime Company will expire on October 31, 2003. The City sent its standard renewal amendment to the vendor on April 30, 2003. The vendor responded via letter requesting a total 6% increase in the per ton price. The contract between the City and Chemical Lime allowed for only a 5% increase based on justifiable fuel and freight rate increases only. Chemical Lime could document only 3% for freight and fuel, and requested an additional 3% for administrative and labor costs, which were not allowable increases according to the terms of the contract. Chemical Lime would not agree to a 3% price increase based on their freight and fuel costs only. Therefore, the City had no choice but to move forward with a new solicitation and issued Bid 03-24B to eight (8) vendors, as the lead agency for the Co -Op. The City received two (2) solicitations, from Chemical Lime Co. and Carmeuse Lime and Stone. Chemical Lime Co. was the lowest responsive and responsible vendor. Essentially, the only change to this new contract is an increase of 6% for the product. The Utilities Department had not budgeted this increase, as bids were opened after their budget process was completed. This will be addressed in the next budget review.The Director of Utilities and the Interim Purchasing and Contracts Manager recommend awarding Bid 03-24B to Chemical Lime Co. of Alabama for a one-year term, with four additional one-yec3r renewals, Jim Nrcotra 7 in LL I.L 0 2 Ego luai Temp Reso #10230 Page 1 August 27, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2003- ao A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID 03-24B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO AND EXECUTE AN AGREEMENT WITH CHEMICAL LIME COMPANY OF ALABAMA, INC, FOR A PERIOD OF ONE YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL OPTIONS, ISSUED ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac served as "lead agency" on Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative. Seventeen governmental agencies will utilize this bid to purchase approximately 65,000 tons of quicklime, a copy of said bid is attached hereto as Exhibit "A"; and WHEREAS, the City of Tamarac publicly advertised Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" in the.Sun-Sentinel on June 22 and 29, 2003;and WHEREAS, eight (8) vendors were solicited; two (2) no -bids were received and two (2) bids, from Chemical Lime Company of Alabama, Inc. and Carmeuse Lime and Stone, were opened and reviewed to determine cost and responsiveness to the City's specifications; and Temp Reso #10230 Page 2 August 27, 2003 WHEREAS, Chemical Lime Company of Alabama Inc. submit d is bi price of $118.52 per ton, and was deemed the lowest responsive and re A* 10 bidder, a copy of the bid tabulation is attached hereto as Exhibit"B", andt WHEREAS, sufficient funds are available from the Utilities D��)a-qment; Operating funds; and WHEREAS, it is the recommendation of the Director of Utiltie!5� Purchasing and Contracts Manager that Bid 03-24B be awarded to and an agreement executed with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with four (4) additional one (1) year renewal options; and WHEREAS, the City Commission of the City of Tarnarac,, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 03- 24B and execute an agreement with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with four (4) additional one (1) year renewal options, on behalf of the Southeast Florida Governmental Purchasing Cooperative. Temp Reso #10230 Page 3 August 27, 2003 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime Company of Alabama, Inc., on behalf of the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Chemical Lime Company of Alabama, Inc. as part of said award, a copy of said agreement is attached hereto as Exhibit "C". SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso #10230 Page 4 August 27, 2003 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 10t" day of September, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITC ELLS. KRAFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _ C DIST 1: COMM. PORTNER G DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS TEMP RESO 10230 EXHIBIT A INVITATION TO BID TA *N. A0. BID NO. 03-24B Furnish, Del ver and Dischame of Quicklime City of Tamarac Purchasing Division th 7525 NW 88 Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 '�%e ,0- e ".. ,^ ... ,O.� e . ,OA V- Purchasing and Contracts Division City of Tamarac "Committed to Excellence ... Alwoys" INVITATION TO BID BID NO. 03-24B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, July 23, 2003 at 2:00 p.m. (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH, DELIVER AND DISCHARGE OF QUICKLIME The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original bid, clearly marked "Original", shall be submitted on the official bid form furnished with this bid package. Two (2) photocopies of the submitted bid should accompany the original; however, copies must be made available within 3 business days of the City's request, The submittal should be plainly marked "Bid No. 03-24B, Furnish, Deliver and Discharge of Quicklime, opening on Wednesday, July 23, 2003 at 2:00 p.m." on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450; and for technical issues, contact John Harvey, Water Plant Superintendent, at (954) 724-2430. Steven J. Beamsderfer Buyer Publish Sun Sentinel: Sunday, 6/22 and 6/29/2003 7525 NW 881h Avenue w Tamarac, Florida 33321-2401 e (954) 724-2450 0 FOX (954) 724-2408 w www.tomorac.org Ectucil opportunity Employer SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately twenty-six (26) government entities have participated in Cooperative Purchasing in Broward County, The Co-op was formed in an effort to provide cost savings and cost avoiclances to all entities by utilizing the buying power of combined requirements for common, basic items. The Governmental Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Operational Procedures • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi- annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award, However, other Broward Co-op members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Co-op members may participate in any contract on acceptance and approval by the lead agency. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. 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M a- od ca ca w o m Cc 0 g- U < m m -2 co M L) I I I I cr z .�:� .2:� , cl '0 10 m '0 :3 -Fu o 0 -C CL) m mn 'm m -R 0 0 r m LU C: :3 c :3 En w > 0 LE L3) m m El E C -C .0 E CL 'A o m 0 0 0 () 0 () m m m o m 2 mc o o = o 0 E o c = c m E m 72 -0 o C) o Li- o L.L m _3 2 z z z CL d- V) U) P m m m E. m � 0 o 0 0 0 0 o 0 o 0 0 o o o 46- 0 , o �5 'o 16 zi >1 -1 in I 0 ED 0 co 2 (Ono co u L) C) L) C) 5� L) L) ;t),] =51 C), 01 — (.)tL)J of Tamarac F,,, Oiasing and Contracts Division .. . . . ... .. ..................... . ... ...... ...... ... . ....... I...",..", .... .. . .. ....... ...... .. ... INSTRUCTIONS TO BIDDERS BID NO. 03-24B It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order, lump sum or individual item basis to a single or multiple vendors, unless otherwise stated. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's Purchasing Office, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on Wednesday, July 23, 2003, no later.than 2:00 PM (Purchasing Office time stamp is considered official time). At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to� attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. it is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the Bid Form furnished in this bid package. The Bidder shall submit one (1) original bid document; two (2) photocopies should accompany the bid submittal. However, the Bidder must submit 2 copies within 3 business days of the City's request. The original bid must be duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety (90) days from the date of the bid opening unless otherwise stated by the City. 2. BONDING: Not applicable for this bid. Purchasing and Contracts Division Cityof Tarncirac . ................. . ... I ...... .. .. - .. . ........ ................ . .... . ........ ....... .... . ........... . 1"...'' 1.. 11-1-11 11 ... ....... ............ . ... . ......... V1_ -� 1-11-11 3. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Division. 4. PUBLIC ENTITY CRIMES STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON -COLLUSIVE AFFIDAVIT: Each Contractor shall complete the Non - Collusive Form and shall submit the form with the Proposal. The City considers failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Bid. 6. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 7. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. DELIVERY: All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 9. BRAND NAMES: Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. . .. ...... .. ..... .... . . ..... .. . .... . . . . .......... . ..... .... ... ... 5 City of Tamarac Purchasing and Contracts Division . .. . ...... . ............. ..... --- -- - - -------------- - -- - .. . .. . . ........ . ... .. .... ........ ... 10. SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 12. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 13. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 14. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 15. DEFAULT: In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for Convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the ...... ...... . . ......... . 6 City of Tarnarac Poichasing and Contracts Division ........ . ... . . ... . ......... ............ ........ . . ­-.1 .... . .... ..... . ­1­­-­-­­ . ....... ...... ....... .. .......... . ..... . ....... ­ -- - ­­­ e. I-- - notice of termination, terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 17. ASSIGNMENT: The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 18. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 19. TAXES: The City of Tamarac is exempt from all Federal, State, and Lo Cal taxes. An exemption certificate will be provided where applicable upon request. 20. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 21. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 22. INSURANCE REQUIREMENTS: Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage that the Bidder agrees to maintain during the term of this contract: . ....... .... ... . .... ... ...... 7 Cityof Tamarac ...... ... ................ ...... ....... . ......... . .... ......... .. I- ­- 11 . .. ........ ................. . . .... ­.­­­-_­.___....1..11. . .. .......... .... .. Line of Business/ Coverage Commercial General Liability Including: P rem ises/Ope rations Contractual Liability Personal InjurY Explosion, Collapse, Underground Hazard Prod ucts/Corn pleted Operations Broad Form Property Damage Cross Liability and Severabifity of Interest Clause Automobile Liability Workers' Compensation & Employer's Liability Purchasing and Contracts Division Limits Occurrence Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. if the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 23. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, . . ... . . ...... . .... ...... . .. ... .. ........ ................ . . 6 Purchasing and Contracts Division City of Tamarac ...... .................. . ....... ... . ... ........... . ........ ....... .... ..... .. . . ...... . ............... ­­...... 1-1. -.1--.- t., - - -1 arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 24. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. 25. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting the document via fax. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 26. RECORDS/AUDITS: The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. . .. .. . .... . ........ . City of Tamarac Purchasing and Contracts Division . . . .. . .. ......... . . ... . ..... ......... ... . . .. . ...... . ..... ........... ...... . ... ....... ... ... .... . . . . . .... ..... ...... .. ....... .. . ... ........ ............ ........ .... . .. ­­-­ . ......... . ..... . . ........ ... ....... . . ........ SPECIAL CONDITIONS BID 03-24B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME I . PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply quicklime per the conditions and specifications contained in this document. The contract term shall be for an initial period of one (1) year, beginning November 1, 2003. The City reserves the right to renew the contract for four (4) additional one (1) year periods, providing all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities, referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. 2. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. A complete history of all citations, violations, notices or dispositions shall be submitted with bid. The non - submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of any citation or violation received after the Bid opening date and during the time of performance of any contract awarded to Bidder. Other considerations for award include: A. The ability and capacity of the Bidder to perform the requirements of the bid. B. The availability and quality of the Bidders product to the required use, 3. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual freight and fuel cost only (no profit margin increase). Increase shall not exceed five percent (5%) of original contract price. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. 4. BASIS FOR ADJUSTMENT OR REJECTION The City reserves the right to reject, at the Bidder's expense, any shipment that fails to meet the specifications listed herein. The Bidder shall be given twenty- four (24) hours after failure notification to arrange for independent laboratory analysis of one (1) of the retained samples from said shipment. .... .. ............ . .... ..... . .. ........ .... . .. ..... ........ ...... . ...... . .... 10 Purchasing and Contracts Division City of Tamarac .. ..... . ..... ....... - 1 1 - - ............... ...... .. .... t-- - - -1 5. DAMAGE TO EQUIPMENT If it is determined that the Bidder has shipped a product other than that specified, resulting in equipment damage, the Bidder shall assume full responsibility for the cost of repairs. 6. DELIVERY Bidder shall be capable of and agree to the following: A. Delivery 24-hours per day, seven days per week. B. Furnish a weight certification with each shipment. Certificate shall indicate gross, tare and net weights. C. Provide a physical and chemical analysis with each delivery. The analysis shall be certified and performed by a reputable testing laboratory. A one (1) pound airtight sample must accompany each shipment. D. Deliver to the designated facilities and discharge prod u ct.pneu matically into the specified storage tank. E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. INSURANCE Bidders shall submit copies of their current insurance certificates with.the bid. Failure to do so may cause rejection of the Bid. REGULATORY COMPLIANCE The Bidder shall submit a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). 10. SECURITY The awarded Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. . ...... ....... . .. . ......... .. ... . ... . ...... ....... .. . . .................. City of Tamarac Parchasing and Contracts Division ... . . ............. . .. .. . ............. . . ..... ­­­ ------ - All personnel shall check -in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor shall not admit any unauthorized personnel onto any work site. Vendor will not release, discuss or share any information on systems, equipment and/or operations, to any non -City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Contractor shall be held responsible for complying with these procedures. . .... . ........ ----- ---- . . .. . . . ........ .......... .... .. .... . I-— ........ . . ..... . 12 City of Tamarac Purchasing and Contracts Division .11--l- .. ............ ...... . . . ............ .......... ........... . .......... .. ... . ................ 1-1.."..., ....... ................. . ....... ­.­­ --------- - . . ..... . . .. .. ................ ........ ..... ... TECHNICAL SPECIFICATIONS BID NO. 03-24B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Pebble lime, bulk must be in accordance with Standard American Water Works Specifications B-202-02. The following requirements and testing procedures are applicable. (A) Slaking Rate Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Content Shall contain a minimum of 92% free lime. (C) Residue After Slaking Residue shall not be more than 2% by weight on 100 mesh sieve. (D) Sampling Procedure 1 Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten -pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event of a dispute. City will use the final quarter in the event of a dispute. (E) Testing Procedures 1. Slaking Rate As covered in AWWA Specifications, B-202-02, Section 5.4. 2. Calcium Oxide As covered in AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After SlaLnA As covered in AWWA Specifications, B-202-02, Section 5.5. (F) Two Pebble Sizas Required (Agency to specify 1 . Pebble size shall be between 1/8" and 3/8". 2. Pebble size shall be between 3/8" and 1/2". 13 City of Tamarac Purchasing and Contracts Division . .... ......... .. . . . .... . ... . ..... .. . ................ .... ...... .. ....... . .. .... COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 01. Carefully read the General Terms & Conditions and Special Conditions. 72. Carefully read the Technical Specifications and fill out the Bid Form. 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 74. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. [:] 5. Fill out the Bidders Qualification.Statement. 76. Fill out the References page. F-17. Sign the Vendor Drug Free Workplace Form. F1 8. Fill out the List Of Subcontractors. F-19. Fill out and sign the Certified Resolution. [] 10. include proof of insurance. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted under any circumstances. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 74 Purchasing and Contracts Division City of Tamarac ............... .............. . . ..... .... .1'.. 1 . .................. . ... ... . e-C --- --- Submitted by: BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 03-24B (Bidder) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88" Avenue Tamarac, Florida 33321 (Date) 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2, This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solic ited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the " Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. ------------ . ....... 15 cn o 0) L E U C) C2 0 0 0 (D cl 'D cn u) En c M M CL 0 -0 n cn U) 0 0 m CL =3 a cn =3 C:r 0— (n .F cn —, 4 10 M 4) M m 0 0 E �O a) 0— m 0.- 0 > --2 C�j f& (6 A 0) 0 0 M c: c: CL (n ­ cn a) c U. c; E 2 6 0- n 0 z U E m V) V) En m E 0 Z3 10 co 0 "2 >' 0 0 0 CD c m c 0 tn 0 0. 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U-) w 00 ca 3'� Go ?: 3� :;:, z 0 0 -2 m L) co 0 a) = < < qq 6 — cn u M u M C: U CU CN M 0 0 [a E E CL 0 CO z LLI > > > > �O T) -0 LD _0 _0 m o m 0 " o c: m L) co D 0 :3 0 m o o >M M> rw- . rw- -=j M _r_ r -C r- X) E a E w C cn -C L) 0 U L) 0 0 0 0 0 m = 0 n cu co t= 0 0 0 0 c m c E -0 _0 0 0 Lt. LL :c a: i z z z m co ro (D ci 0 0006�06'6-01-0-0 0 0 2 0 2 2 = 0 0 to-, -=O m� - -2�'l --1 m m In co L) 6 �1)� �ls U 0 Purchasing Division City of Tamarac .... ....... Delivery Location Special Conditions: (1) Coral Springs — Must deliver between 8:OOAM and 4:00PIVI Monday to Friday ONLY. (2) Hallandale — Delivery to be made by a tanker truck @ 25 Tons/shipment, Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. The undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promise and agree that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Company Name Address City, State, ZIP Contractor's License Number Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# M A Cily of Tamarac Aa�_,N Purchasing Division . . ........... --­ ........ ... .. . . .... ..... ... ..... ... . . . .... ........... ... .. . . .. BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 03-24B continued Bidder's Name: NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. . .. .. ......... ...... ..... . . is City of Tamarac Purchasing Division ........... ........... . . ................................ . ..... ... ......... .. ..... ... .... ........ .................... .............. .... ... 91 .- - - I NON -COLLUSIVE AFFIDAVIT State of )ss. County of deposes and says that: ,He/she is the Representative or Agent) of that has submitted the attached Proposal; being first duly sworn, (Owner, Partner ' Officer, , the Offeror He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in theattached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness -2 Printed Name Title 1 of 2 Non -Collusive Affidavit City of Tamarac Purchasing Division ............. . . . . . ....... . ...... . ... .... . ....... ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of 9 2003, before me, the undersigned Notary Public of the State of Florida, personally appeared (Narne(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: ,wire NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) 11 Personally known to me, or 0 Produced identification: (Type of Identification Produced) 0 DID take an oath, or 0 DID NOT take an oath ....... . ... ..... . ............ ..... ... . ... .... I- ­­ ------ . ..... . .. 2af2 Non-Colloswe AcknowlecYgemenl City of Tamarac . . ..... ........ I .. . .......... . . . .... 1-1 . ...... ....... . ..... ---I-.-,- Purchasing Division ... ..... . ................ . ...... . ..... I... ... . ...... . . . .......... .... . ........ . .. ... CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We '(1) certify that we(l) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. indicate which type of organization below: INDIVIDUAL D PARTNERSHIP If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number CORPORATION [-] OTHER El Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person I of i cedification City of Tamarac earchaSit7g and Contracts Division .......... . ....... ... 11- ..... . ......... . .............. . .. ..... ................. . ........ .......... . -1- . . ...... . ............. . .......... .. -.1 . ... ... -- - -------- BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88 th Avenue Tamarac, Florida 33321-2401 CHECK ONE: OCorporationE] Partnership 0 IndividualE] Joint Venture 0 Other SUBMITTED BY (Company Name) ADDRESS: CITY, STATE ZIP: 1 State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business: Correct Name of Bidder Principal address of Business City, State Zip 2. If Offeror is a corporation, answer the following: a. Date of Incorporation b. State of Incorporation G. President's name d Vice President's name e Secretary's name: f. Treasurer's name 9. Name, and address of Resident Agent 3. If Offeror is an Individual or a Partnership, answer the following: Date of Organization Name, address and ownership units of all partners,(if necessary, use separate sheet): NAME ADDRESS OWNERSHIP UNIT .... . . . ..... . .. .. ... ..... . ... .. ...... . ...... . ... ...... . . .. . . ....... . ...... . .. . ....... . . ... - --- ----- -.. 1 0 f 3 Bidder's Oualifica lion Statement City of Tamarac Patchasing and Contracts Division . . . . ... ............ . . ......... .... .... .... ........ . . ....... ...... .. . ..... - . ........ ... -1- .. . . ....... ........ . State whether general or limited partnership 4. If offer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: NAME ADDRESS 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present name? a. Under what former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions that are the subject of the Bid. Please attach certificate of competency and/or state registration. 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 9. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work that you have performed or goods you have provided (government owners are preferred as references). NAME ADDRESS PHONE . .... ..... . . ............ 2 of 3 Bidder's 0oalification Statement City of Tamarac Purchasing and Contracts Division .".. . .... . ... .. . ---l-11-11111- --- ''. - e - ... . ... . ....... .. . ...... . .............. ....... ... 10. List the pertinent experience of the key individuals of your organization (continue on separate sheet, if necessary). 11. State the name of the individual who will have personal supervision of the work: THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE BIDDER'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD, TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT, (Signature) ACKNOWLEDGEMENT BIDDER'S QUALIFICATION STATEMENT State of Florida County of On this the day of 1 2003, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) - whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) 0 Personally known to me, or 0 Produced identification: (Type of Identification Produced) El DID take an oath, or 13 DID NOT take an oath . . . . ... ..... . ... . . ... ... .. ............... .. .......... .. .... .... . .... .. .... .... ........... . 3 of 33 Bldciet S Qoalificatloii Statement .C.i,t.y of Tal.m,ar-a.c.. — ----- ---Purchasing and Contracts Divisi . on REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name' Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name . ........ .. . . ....... .. ... . . .. ........... .. ... ....... ...... .. .... ...... loll References City of Tarnerac Putchasing and Contracts Division 1.1-11.-I-1 .............. ... . ....... . ... ............... .. ............................ . . .. ... ................ ................ ... ... .. ...... .... . VENDOR DRUG -FREE WORKPLACE Preference may be given to bidders submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied bidders have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2 Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenclere to, any violation of chapter 893 or of any controlled substance law of.the United States orany state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements, Authorized Signature Company Name . .. ....... .............. . ............... . .... I of I Drug -Free Vloikplace A'Iak� Purchasing and Conlract Division City of Tamarac . ... .. LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Contract License No. Subcontractor Name/Address ....... ..... ..... . .... ..... ....... .. I-- — ------ I . ...... . ... ­....-­1 of 7 List 0 Subcontractors City of Tamarac Parchasing and Contracts Division .. . ....... . .... . ... . ..... . ............ . .......... . . ...... ................ .............. (e. __ - __ CERTIFIED RESOLUTION (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of '2003. (SEAL) NOTE: 0 Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. I of 1 Cerlifiec� Resolubcm Purchasing and Contracts Division ofTamarac . . .... ...... .... ...... . .. ...... - ------ - . .. . .... ........... ............... .......... . . EXHIBIT A CONTRACTOR PASS REQUEST Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed) I .. ......... . .. .... ....... .... . . ...... . .. ...... .... .... . .... ....... ... ... . .. .... ..... . . ..... . . . .......... ... . ... .. . .... -- - - --- ------------- - .......... . ...... ..... I of I Cowractor Pass Peqoest TEMP RESO 10230 U I.-C M 0 L n LO 0 W 0 0 U, L to z to 10 8 W W 0 0 W CO en cn W co OD W, 00 C 6) w co cq CN N C4 cco Nq eq N U c6 w cc w C�j > > C', N Z z 04 04 C-4 C-4 C4 N, 'N 0 0 ru ul CD CD C, CR v: V: q: V: w W 4: 'COD: Lu W w W W % OrR- z ;40� Iz OD :3 0 CD u L u- D) LLI Ln N U) z in 0 sn N N N CQ N 0 m U) W 0 C%4 N Cl Cq " N C14 C*4 CN LO in 0 CD CD C) C) LLI 0 C-4 N, M Z2 N N N N 04 0 0. ul IL 0 N N N DI LO N N I*: N C4 LQ Ui 0 ui Ln n N L.C.�) LQ m -4: V: Lq IQ OD co OD 0 W "a Ui W CID C6 W C�O -j > LLI 0 ul uj Cf) d uj cmf) two to m CV) Cf) to m cn 0 & N C-4 W N N C%j Ir � . C"! C14 C6 CD Co. P- C, ru ED LL. cr) CD C" U) - - - - - - CN N CN C4 C4 0) 0) 0) M cr) W cri N Ci 0 N N CL ML Ll CO 00 CV CMD N e,'j cn M CO LL E IMIO- %I) cr) Cf) CO) co I I 00 LL LU CID emn co co C6 co en m ru 0 W CL z L) -j ui 0 0 Ln 0 C, C:) 0 C) L.J 0 co 0 m C) 0 C) 0 CD LO gr to tz CN C) go LO t- W 1 N C'-' LU En 7- 4t tO oo W �z C14 U) z cc z C'4 LL ad CL co lij L) "D to m 0 < LO 0 EL C4 a) . m E a) m N M Ly -%,- 0 0 Z'a I z 0 -mi W r m T m =r -J -J E E t p E > > M m dc 0 0 0 0 M M M 4) :3 m 0 0 0 L) U 0 L) a 0 z z z CL In U� LCO) UL -Ml t -D -0 -0 0 0 —0 —0 -es 0 ;5 .1 2 0 0 i3) L) CO M fn �O (3 AGREEMENT BETWEEN THE CITY OF TAMARAC CHEMICAL LIME COMPANY OF ALABAMA, INC. THIS AGREEMENT is made and entered into this &��i day of 20 by and between the City of Tamarac, a municipal corporation with princi , I I pal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Chemical Lime Company of Alabama, Inc., an Alabama corporation 'with principal offices located at County Road 676/Nichols Rd., Nichols, Florida 33863 (the "Contractor") to furnish, deliver, and discharge quicklime to the City of Tamarac Water Treatment Plant, Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement; all documents contained in Bid No. 03-24B, "Furnish, Deliver, and Discharge Quicklime" (General, Supplementary and other Conditions), specifications, all addenda issued prior to, and all modifications issued ,after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as specified in Bid 03-24B, "Furnish, Deliver and Discharge Quicklime", as set forth below: a) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly deliver quicklime as per the Technical Specifications and according to the terms of Bid 03-24B. b) Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. c) The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely operate equipment necessary to deliver the product. d) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. e) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. f) The awarded Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. g) Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. h) All personnel shall check -in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. i) Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor shall not admit any unauthorized personnel onto any work site. Vendor will not release, discuss or share any information on systems, equipment and/or operations, to any non -City personnel. j) Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this Agreement including, but not limited to, Workers'Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk & Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Term The term of this Agreement shall be for an initial one-year period beginning November 1, 2003 through October 31, 2004. The City reserves the right to renew this agreement for four (4) additional one (1) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5) Contract Sum The Contract Sum for the above work is $118.52 per ton delivered. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 03- 24B, Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant, All prices, terms and conditions shall remain firm for the initial period of the contract. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual freight and fuel cost only (no profit margin increase). Increase shall not exceed five percent (5%) of original contract price, To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. 6) Payments ,A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 03-24B. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any City of Tamarac y t,.,,. rr l7r:,41n 1 !' r1 :, ,+ rraicl 'Div;sron violation of such provisions shall constitute a material breach of this Agreement. ..................... . n., . . ... ... . ..... . . .. ... .. 10) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR John L. Thompson, Florida Manager Chemical Lime Company of Alabama, Inc. County Road 676/Nichols Rd. Nichols, Florida 33863 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subjectto cancellation bythe City should the Contractor neglect orfail " Z3." to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. cay, . .. .... . .. ..... . .... . .. ... .... F" e3.? IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager and Chemical Lime Company of Alabama, Inc., signing by and through its Florida Manager, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk 6" / (� f Ic -3 Date ATTEST: (Corp6Fat*�Zecretary Stephen Barnish. Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC A� 'Job Schreiber, Mayor zs Date Jeffrey ZjUlldlr, City Manager -'s Date: Apprqved as o form and,,4, sufficiency: Mitchell S. Kraff, City Att ney \ 01 Chemical Lime Company of Alabama, Inc. nature of Florida Manager) John L. Thompson Type/Print Name of Florida Manager August 27, 2003 Date 'y (�' Z3.? CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF Polk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L. Thompson, Florida Manager of Chemical Lime Company of Alabama, Inc., an Alabama Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. 27 day of August _, 20 03 %'4111111, &'Wj0th.d1<M1L-- - -- ERzabeth A. Hart 0 Signature of Notary Public =10��M=#DDXM. 1�v:: Eqm SEP. 17, 2CO5 State of Florida at Large BmxW Thru 0"; 0 f v — F %$ 1jj&.jti%N Aflantic Bondft Ca, Jy-, Elizabeth A, -Hart Print, Type or Stamp Name of Notary Public Fx� Personally known to me or El Produced Identification . Type of I.D. Produced DID take an oath, or DID NOT take an oath. I City of Tamarac �rrchas ng and Contracts Division EXHIBIT A CONTRACTOR PASS REQUEST Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities Attach copy of Picture Identification for all ersons listed Name Work to be Performed 6 GEKTIFIGAMUI-, SUKANUE EU ­00 72 1 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUC.,g MARSH USA INC NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1601 ELM STREET POLICY, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR COVERAGE "'m 2100 THANKSGIVING TOWER YER,�HE AFFORDED BY THE POLICIES DESCRIBED HEREIN, !&. cA COMPANIES AFFORDING COVERAGE DALLAS, TX 75201 COMPANY 4 SUE PYLE (214) 765-8594 144191--2003-02103 AL MONT AL A CONTINENTAL CASUALTY CO INSURED COMPANY CHEMICAL LIME COMPANY 8 AMERICAN CAS, CO. OF READING, PA (CNA) 14 js OF ALABAMA ATTN: TERRY LAWLEY COMPANY PO BOX 479 C TRANSPORTATION INSURANCE CO od 16 MONTEVALLO, AL 35115 COMPANY D COVERAGES '..:.This certificateSupersedes and replaces any previously issued certificate for the policy period noted below. 10 THIS IS -TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY ReOUIREMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDrYY) POLICY EXPIRATION DATE IMMADDrYT) LIMITS LTR A GENERAL LIABILITY 25189V14 102/1/02- 10/01/03 GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY endor: PRODUCTS - COMPICIP AGG $ 3,000.000 CLAIMS MADE FX ]OCCUR Date of Review: PERSONAL & ADV INJURY $ 1,000,000 1h EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT Acceptable Vjj�l_ FIRE DAMAGE jAny one fire) $ 500.000 Not Acceptah a MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY BL1A1jfttjjiC 01 iencies Bel NIrm 2 10 . 0 1 1 . 'I . 03 COMBINED SINGLE LIMIT $ 1.000,000 X ANY AUTO . BODILY INJURY r ALL OWNED AUTOS (Per person) r) SCHEDULED AUTOS HIRED AUTOS Author��nature BODILY INJURY (Per accident) NON -OWNED AUTOS PROPERTYDAmAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: P ANY AUTO CA H ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE. 1$ Is UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND 251894 980 AOS 10/01/02 10/02/03 WC STATU� I I z5TA X I TORY LIMIT I I ER B EMPLOYERS'LIABIUTY 251895 000 CA 10101102 10/01/03 EL EACH ACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 C THE PROPRIETOFV INCL 251894 994 RETRO STATES 10101/02 10/01103 EL DISEASE -EACH EMPLOYEE I s 1,000,000 PARTNERSIEXECUTIVE OFPICERS ARE: FXCL I OTHER CS11 DESCRIPTION OF OPEFtATIONSILOCATIONSfVEHICLESISPECIAL ITEMS WHERE REQUIRED BY CONTRACT CITY OF TAMARAC IS ADDITIONAL INSURED (EXCEPT ON WORKERS COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OPTHE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL I DAYS WRITTEN N0710E TO THE CITY OF TAMARAC CERTIFICATE HOLDER NAMED HEREIN. OUT FAILURE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGAt.ON OR ATTH ALBERT COHEN 7525 NW 88TH AVE LIABILITf OF ANN KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR RIEPRESENTAIIVES. OR THE TAMARAC, FL 33321 ISSUER OF TH15 CERTIFICATE MARSH USA INC. BY: Rex Cook MM 1(3/02) VALID AS OF: 09/30/02 �'r, fra . .. . . ... .. ................ .. .. ... . .......... ... . ...... .. . ......... .. . ... . .. . .. ..... . ........ ..... .. V�, Vi . . . . .......... . ........... ... ....... .. . ..... . ..... ...... .... . 41 ..... .... . .. . .... .... AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, INC. THIS AGREEMENT is made and entered into this Lo PIclay of 200 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Chemical Lime Company of Alabama, Inc., an Alabama corporation with principal offices located at County Road 676/Nichols Rd., Nichols, Florida 33863 (the "Contractor") to furnish, deliver, and discharge quicklime to the City of Tamarac Water Treatment Plant. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement; all documents contained in Bid No. 03-24B, "Furnish, Deliver, and Discharge Quicklime" (General, Supplementary and other.Conditions), specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2). The Work The contractor shall perform all work for the City required by the contract documents as specified in Bid 03-24B,."Furnish, Deliver and Discharge Quicklime", as set forth below: a) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly deliver quicklime as per the Technical Specifications and according to the terms of Bid 03-24B. b) Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. c) The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely operate equipment necessary to deliver the product. d) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. e) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. ". �h 7 , J . .... . . . ... ...... .. . ... ....... . ...... � " )17 1 . . ...... . ...... .. .... ......... .. . .. ...... .. .. ............. .. I'll, .. .. .... . ... ... .... f) The awarded Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. g) Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. h) All personnel shall check -in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. i) Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor shall not admit any unauthorized personnel onto any work site. Vendor will not release, discuss or share any information on systems, equipment and/or operations, to any non -City personnel. j) Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this Agreement including, but not limited to, Workers'Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk & Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Term The term of this Agreement shall be for an initial one-year period beginning November 1, 2003 through October 31, 2004. The City reserves the right to renew this agreement for four (4) additional one (1) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest c)f the City, City of TaMaraC ,urclja n�and Contracts Division 5) Contract Sum The Contract Sum for the above work is $118.52 per ton delivered. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 03- 24B, Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant. All prices, terms and conditions shall remain firm for the initial period of the contract. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual freight and fuel cost only (no profit margin increase). Increase shall not exceed five percent (5%) of original contract price. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. S 6) Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 03-24B. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject ,of this Agreement. 8) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys'fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, tven though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non-Discri m i nation The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. City of Tamarac urchasing and Contracts Division 10) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12 Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. A r ] I VA City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address CONTRACTOR John L. Thompson, Florida Manager Chemical Lime Company of Alabama, Inc. County Road 676/Nichols Rd. Nichols, Florida 33863 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein -urchasing an(I Contracts Division of Ta 71a contained, -if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. A C-Ity....9-f 7 .. ' .. , . .. ...... . .. .... . . . .... ....... .... .... . ... .. .. . ...... .... ... ... ...... . ......... . I . ... ... .. . . .............. .... ... .. ... . . ..... ... .... IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature, CITY OF TAMARAC, through its Mayor and City Manager and Chemical Lime Company of Alabama, Inc., signing by and through its Florida Manager, duly authorized to execute same. ATTEST: —9-a—don Swens -on, CIVIC City Clerk CITY OF TAMARAC ,I06� Schreiber, Mayor Date Jeffrey VMiIW, —City Manage—r Date: '5�11il C; -�' oved a to andji al iciency: Date Mitchell S. Kr t, C ity o r ATTEST: —Stephen Barnish Type/Print Name of Corporate Secy (CORPORATE SEAL) Chemical Lime Company of Alabama, Inc. (��i—gnature of Florida Manager) John L. Thompson Type/Print Name of Florida Manager August 27, 2003 Date t ui cnasilm an(J . . ............ . .... . . ...... ...... . .. . ........... .... ...... . . ......... . . ........ ........ . ... .... ... ... ........... . .. . .... . .... . .. ... ..... . . . ...... ... 11 . .... . .... ....... . .. ....... .. ..... .... .. .. .. ...... . ...... ... . .. (-. � t. 4"". 1 - -- - CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF Polk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L. Thompson, Florida Manager of Chemical Lime Company of Alabama, Inc., an Alabama Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 27 y Elizabeth A. Hart cammLsdon # DD amn EXPIM Sep. 17. 2= bw-did Thru ...... BMX�Ag ca� I= day of August wcm ,A /I j th - -eumt --- Signature of Notary Public State of Florida at Large Elizabeth A. Hart Print, Type or Stamp Name of Notary Public F-X1 Personally known to me or F-1 Produced Identification Type of I.D. Produced F� DID take an oath, or X DID NOT take an oath. PROPC. ED CITY COMMISSION AGE DA ITEM City Commission Meeting of: October 13, 2004 Cut Off Date: September-27,2004 Xt ]E; JU W TR 10826 - EXHIBIT 2 Temporary Resolution Number: 1 Ub58 %14V NW U Horn Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME CO. OF ALABAMA, INC., ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL .:PURCHASING COOPERATIVE TO FURNISH, DELIVER AND DISCHARGE QUICKLIME, PROVIDING FOR A ONE YEAR RENEWAL TERM EFFECTIVE 11/1/2004 THROUGH .10131/2005, AMENDING THE PRICE ESCLATION/DE-ESCALATION STRUCTURE AND ....APPROVING AN 8% COST PER TON INCREASE, FROM $118.52 PER TON TO $129,64 PER TON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Comm iss ionagend a. Initials for Initials for Department Approval Disapproval Date 1.) Utilities Purchasing 3.) Finance 4.) Risk- Management 5.) CM0 .6.) jq�Aftorney ..7.) City Manager 8.) Cit Clerk 9.) 10.) 11.) Initiating Department Director's Signature: Date: UAAGENDAS%TEMP RESOSL&In�,58 0-r.k4rnp Rmnewal for OuinkhmP Agenda ra�er doe Form Revised 6113197 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING TO: Jeff Miller, City Manager FROM: Keith K. Glatz Purchasing & Contracts Manager Recommendation DATE: September 23, 2004 RE: Renewal -- Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" To authorize the appropriate City officials to execute Amendment #1 to the Agreement between the City and Chemical Lime Company of Alabama on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co -OP), authorizing a one year renewal term effective 11/1/2004 — 10/31/2005, with three (3) additional one-year renewals, authorizing an 8% price increase per ton, and amending the escalation/de-escalation clause to provide for pricing changes based on actual documented costs. Issue: The City of Tamarac requires quicklime for water treatment at the City's Water Treatment Plant. Backnround our current contract for quicklime awarded to Chemical Lime Company under Bid #03-2413, will expire on October 31, 2004. This agreement provided for up to four (4) one-year renewals. The City sent its standard renewal request to the vendor in March, 2004, and the vendor responded to our request by stating that pricing would exceed the 5% increase allowed based on justifiable fuel and freight rate increases only. Specifically, Chemical Lime provided us with information that costs would need to be increased beyond the estimated 5% due to several factors, including an increase in fuel costs and surcharges by their transportation contractor, and a 100% increase in the cost of coal, which is a major component of the quicklime manufacturing process, The marketplace for Quicklime in South Florida has historically had very few suppliers. As an example, the last time that we competitively bid this product, only one firm, Chemical Lime, was able to provide all of the needs of the City and Co-op. Adding to the complexity of this year's situation is a shortage of quicklime caused by increased production in the steel and cement industries. Quicklime is a major component used in the manufacturing process of both steel and cement, and the recent shortage of both materials has put a severe strain on the quicklime supply. 1 of 3 As part of the City's due diligence, City Purchasing staff investigated the supply shortage issue with several suppliers, as well as with representatives of the U.S. Geological Survey, and the Quicklime processor's trade association. As a result of this market review and analysis, we learned that possible competitors to Chemical Lime were not in a position to take on the large scale need of the Southeast Florida Purchasing Cooperative, which represents about 65,000 tons annually. The City of Tamarac's anticipated share of this quantity will be 2100 tons. Suppliers who have bid on our needs in the past were contacted, and we learned that only Chemical Lime would agree to supply our needs for the upcoming years, since the quicklime shortage has caused other suppliers to take the position that they could not accept any new customers for the upcoming year. Accordingly, it was determined that the use of a new competitive sealed bid would not serve the best interest of the Co-op, and that the existing Agreement should be renewed, and subsequently amended to reflect a new method for determining allowable price changes. In response to this realization, City Purchasing staff worked with the Southeast Florida Purchasing Cooperative to form a committee charged with the negotiation of the most favorable terms and prices for the entire Co-op. The Negotiation Committee, chaired by Purchasing and Contracts Manager Keith Glatz, included Tamarac Buyer Steven Beamsderfer, and representatives from the Purchasing Divisions of Broward County, the City of Coral Springs, the City of Ft. Lauderdale and the City of Sunrise. Overthe past three months, the Negotiation Committee has worked with Chemical Lime to provide the City and the entire Co-op with an equitable pricing adjustment. As a result of this negotiation process, the following results were achieved: Cost increases of approximately 8% for all Co-op members, During the negotiation process, Chemical Lime was indicating that increases could be as high as 10% -- 12% over the current cost. The final cost to the City and most members of the Co- op for FY2005 will be $129.64 per ton, which is approximately 8% higher than the current cost of $118.52, and includes material costs of $122.25 per ton plus freight costs of $7.39 per ton. Based on this cost, and a quantity of 2100 tons, the City will pay approximately $272,244 for FY05, an increase of approximately $23,352 from the $248,000 estimated cost for FY04 A recommended change -to -the price escalation process. The current process reflects a ceiling of 5% for increases. During the past several years, pricing has exceeded this figure almost every year, Accordingly, we are recommending the amendment of the Agreement to provide for price changes based on qctual documented price changes to the Contractor. The Contractor will be required to submit actual invoices and notices of price changes prior to the City allowing an increase. This method provides the City and the Co-op with a flexible method of reviewing price changes on the anniversary, and places the burden of proof for each increase request on the Contractor. Increases will only be permitted to cover actual pass -through costs, and no change will be allowed to the Contractor's profit margin. This requirement will also provide for price decreases, in the event that costs are decreased. 2 of 3 While this is not the ideal solution, this type of methodology provides the City with a more flexible approach to dealing with pricing in the face of the type of shortages associated with a very "tight" market for quicklime. It should be noted that the negotiation of the renewal pricing appears to have provided a much better solution than the use of a competitive bid process. Specifically, The City of Naples, who recently chose to bid their needs, ended -up with pricing of approximately $140.00 per ton (delivered), as opposed to our delivered cost of $129.64. City Purchasing staff, and the Co-op Negotiation Committee strongly feel that the use of a sole vendor negotiation was to our advantage, inasmuch as our research has clearly indicated that Chemical Lime would have been the only firm to respond to our bid request, due to the heightened need for quicklime in the private sector. Accordingly, it is the recommendation of staff, and the Southeast Florida Purchasing Cooperative Negotiation Committee to accept an increase of 8% for the current year, and to amend the existing agreement to provide for price changes based on actual documented cost increases rather than relying on a percentage cap. Fiscal Impac For FY05, $248,000 is budgeted in Account 425-6020-533-52-07, The remainder of funding will be transferred from the Utilities Department contingency fund, Account 425- 6090-536-97-02, to accommodate the increased cost of product. It is anticipated that this will require approximately $20,000 to $24,000, dependent on the City's actual usage requirements. 6L Keith' K. datz Cc: Ray Gagnon John Harvey 3 of 3 'd A -1;4 i.� v ZC < 151 z A LL 0 LU iL Im Temp Reso #10558 Page 1 September 21, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-,2,v j? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME CO. OF ALABAMA, INC., ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO FURNISH, DELIVER AND DISCHARGE QUICKLIME, PROVIDING FOR A ONE YEAR RENEWAL TERM EFFECTIVE 11/1/2004 THROUGH 10/31/2005, AMENDING THE PRICE ESCALATION/DE-ESCALATION STRUCTURE AND APPROVING AN 8% COST PER TON INCREASE, FROM $118.52 PER TON TO $12 , 9.64 PER TON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR , AN EFFECTIVE DATE. WHEREAS, Quicklime is a necessary ingredient required for the purification and processing of water at the City of Tamarac Water Treatment Plant; and WHEREAS, the City of Tamarac served as "lead agency" on Bid 03-2413, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co -Op), which was awarded to and an Agreement executed with Chemical Lime Co. of Alabama, Inc. (Chemical Lime), as evidenced by Resolution R2003-207 attached hereto as Exhibit 1; and Temp Reso #10558 Page 2 September 21, 2004 b WHEREAS, seventeen governmental agencies utilize this bid to purchase, approximately 65,000 tons of quicklime. The City uses approximately 2,10d, tons., of the total annual volume purchased by the Co -Op; and WHEREAS, there is currently a shortage of quicklime in the S6.utheast: Florida region as a result of increased demand for steel and cement, Of w;,hich quicklime is a major component; and WHEREAS, a market analysis conducted by staff confirmed that there are no competitors to Chemical Lime Co. of Alabama, Inc. who are able to provide the annual volume required by the Co -Op; and WHEREAS, the Purchasing and Contracts Manager, based upon the findings of this market analysis, and after extensive discussion with members of the Co -Op, has concluded that a new competitive sealed bid for quicklime would not be in the best interest of the City or the Co -Op and could possibly result in even higher costs than currently proposed; and WHEREAS, a negotiation committee was established by the Co -Op to negotiate a fair and equitable amendment to the costs and pricing structure of the original Agreement; and WHEREAS, after much discussion, continued market research and several meetings between the negotiation committee and representatives of Chemical Lime, it was agreed that an 8% increase per ton would be acceptable to both parties, which changed the price from $118.52 to $129.64 per ton for the Temp Reso #10558 Page 3 September 21, 2004 first renewal term beginning 11/1/2004, as evidenced by Chemical Lime's confirming correspondence attached as Exhibit 2; and WHEREAS, the Purchasing and Contracts Manager and the Co -Op negotiating committee agreed that the City and the Co -Op would be best served by amending the existing Contract Sum language in the original Agreement to delete the 5% ceiling on price increases, and revising the language to include an escalation/de-escalation clause which bases price increases or decreases on actual market conditions at the time of annual contract renewal, and as documented and submitted by Chemical Lime in advance of the current contract term's expiration; and WHEREAS, Chemical Lime has agreed to the terms of Amendment #1 to the original Agreement as evidenced by Exhibit 3: and WHEREAS, based on the negotiated price of $129.64 per ton, and an annual volume of 2,100 tons, the revised annual costs to the City will be approximately $272,244; and WHEREAS, sufficient funds are available in the Utilities Department Operating and Contingency funds; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Amendment #1 to the Agreement with Chemical Lime be executed, authorizing a one year renewal term effective 11/1/2004 through 10/31/2005, amending the price escalation/de-escalation Temp Reso #10558 Page 4 September 21, 2004 structure and authorizing an 8% cost per ton increase, from $118.52 to 129.64 per ton; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to execute Amendment #1 to the Agreement between the City and Chemical Lime Co. of Alabama, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The execution of Amendment #1 to the Agreement between the City and Chemical Lime Co. of Alabama Inc., on behalf of the Southeast Florida Governmental Purchasing Cooperative, providing for a one year renewal term effective 11/1/2004 through 10/31/2005, amending the price escalation/de-escalation structure and approving an 8% cost per ton increase from $118.52 to $129.64 per ton, is HEREBY AUTHORIZED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or Temp Reso #10558 Page 5 September 21, 2004 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution, SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13 1h day of October, 2004. z JOE SCHREIBER MAYOR ATTEST: /�s aRECORD OF COMMISSION VOTE: MARION SWENSON, CM MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Z�; I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KF CITY ATTORN TR 10826 - EXHIBIT 3 CORRESPONDENCE FROM CHEMICAL LIME UU6 1-r UZI 11:utla unemical Lime 8634250686 P-1 WJChemical Lime 0 A Lhoist Gmup comparV October 14, 2005 Mr, Keith K. Glatz, CpPO Purchasing and Contracts Manager City of Tamarac 7525 NW 88" Avenue Dear Mr. Glatz: VIA FACSIMILE This letter is to consolidate information and data that has been examined and discussed between the City of Tamarac and the South Florida Purchasing Cooperative and Chemical Lime Company, relative to the extension of our existing Lime Supply Agreement. Pricing for lime delivered to Tamarac and the members of the COOP will be in accordance with the Pricing Schedule shown on Exhibit 13. The term of this agreement is from November 1, 2005 — October 31, 2006. Chemical Lime Company will allow current pricing to be extended through November 30, 2005 in order to provide the time for approvals by the governing bodies of individual coop members. Truck fuel surcharges will be evaluated on a quarterly basis, with the first quarter extending through February 28, 2006. Changes to the truck fuel surcharge will be in accordance with the 2006 Fuel Surcharge Scale, Exhibit A. Adjustments will be made in accordance with AMMENDMENT #2 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMCIAL LIME COMPANY OF ALABAMA, INC. As always, your business is appreciated at Chemical Lime, Please contact me if you have any questions, Very truly yours, C�E�N!17 IPM E C074 y "' �om� J n L. s n F7 rornida Manager Attachments (3) Chornical Lit-ne COMPal7y F0, Box 7737 Mulberry Florida 33860 Uct U7 Uh 11:09a Chemical Lime 8634250686 P.3 Exhibit A Chemical Lime Company 2006 Fuel Surcharge Scale Fuel Cost per Gallon I -'/'o Rate Increase $ 2.30 6.0 $ 2.35 6.5 $ 2.40 7.0 $ 2.45 7.s $ 2.50 8.0 $ 2.55 8.5 $ 2.60 9.0 $ 2.65 9.5 $ 2.70 10.0 $ 2.75 10.5 $ 2.80 11.0 $ 2.85 11.5 $ 2.90 12.0 $ 2.95 12.5 $ 3.00 13.0 $ 3.05 13.5 $ 3.10 14.0 $ 3.15 14.5 $ 3.20 15.0 $ 3.25 15.5 $ 3.30 16.0 $ 3.35 16.5 $ 3.40 17.0 $ 3.45 1'7.5 Note: Surcharge continues to Increase .5% for each $0.05 increase in fuel costs, or decrease with every $0.05 decrease in fuel costs. Oct 0? 05 11:10a Chemical Lime 8634250686 p.4 CHENUCAL LIM[E CONIPANY Exhibit B SOUTH FLORIDA PURCHASING COOPERATIVE PROPOSED QUICKLIME PRICING SCHEDULE December 1, 2005 - October 31, 2006 Agency Lime Price Freight Delivered Broward 1A $ 140.92 $ 8.82 $ 149.74 iBroward 2A $ 140.92 $ 8.82 $ 149.74 Broward 3A $ 140.92 $ 8.82 $ 149.74 Broward D-4 $ 140.92 $ 8.82 $ 149.74 City of Coral Springs $ 140.92 $ 8.82 $ 149.74 Town of Davie - 76th Avenue $ 140-92 $ 8.82 $ 149.74 Town of Davie - 64th Avenue $ 140.92 $ 8.82 $ 149.74 City of Deerfield Beach - East $ 140.92 $ 8.82 $ 149.74 City of Deerfield Beach - West $ 140.92 $ 8.82 $ 149.74 City of Fort Lauderdale - Fiveash $ 140.92 $ 8.82 $ 149.74 City of Fort Lauderdale - Peele Dixie $ 140.92 $ 8.82 $ 149.74 City of Hallandale $ 140.92 $ 8.82 $ 149.74 City of Hollywood Water Plant $ 140.92 $ 8.82 $ 149.74 City of Hollywood WWTP $ 140-92 $ 8.82 $ 149.74 City of Lauderhill $ 140.92 $ 8.82 $ 149.74 City of Margate $ 140.92 $ 8.82 $ 149.74 City of Miramar $ 140.92 $ 9.35 $ 150.27 Ci!y of North Lauderdale $ 140.92 $ 8.82 S 149.74 Citz of North Miami $ 140.92 $ 9.35 $ 150.27 City of North Miami Beach $ 140.92 $ 9.35 $ 150.27 City of Pembroke Pines $ 140.92 $ 8.82 $ 149.74 City of PoMpano Beach $ 140-92 $ 8.82 $ 149.74 City of Sunrise - Sprgilgree $ 140.92 $ 8.82 $ 149.74 City of Sunrise - Watermill $ 140.92 $ 8.82 $ 149.74 City of Tamarac $ 140.92 $ 8.821 $_ _149.74 *Prices are per US ton (2000 pounds), Delivery via pneumatic tank truck, 25 ton minimum delivery. 2 free hours unloading time, standard demurrage charges will apply thereafter. *Truck fuel surcharges are subject to change quarterly. 0 1@ EXHIBIT 4 City of Tamarac AMENDMENT#2 TO THE AGREEMENT Parchasina aod Contracts Division BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, INC. This Amendment to the September 10, 2003 Agreement between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Chemical Lime Company of Alabama, Inc., an Alabama corporation with principal offices located at County Road 676/Nichols Rd., Nichols Florida 3386� (the "Contractor") is made and entered into this �Iay of —Or Lv—,(— 12005. WHEREAS, the City and the Contractor entered into an Agreement dated September 10, 2003, awarded as a result of Bid 03-24B, "Furnish, Deliver and Discharge Quicklime", issued on behalf of the Southeast Florida Governmental Purchasing Cooperative; and WHEREAS, both parties wish to amend the original Agreement dated September 10, 2003; said amendments to include a one-year renewal term, an increase in the quicklime cost per ton and the revision of the original price escalation / de-escalation clause; and WHEREAS, the Contractor represents that it is currently capable of continuing to provide the necessary quantities of quicklime to the City and the Southeast Florida Purchasing Cooperative; and NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree to amend the original agreement as follows: 10 City of Tamarac Pfwchasing a�id Contracts 0ivisioo 1 4) Term The term of this Agreement shall be for an initial one-year period beginning November 1, 2DG4 2005 through October 31, 24*5 2006. The City reserves the right to renew this agreement for thFee (3) two (2) additional one (1) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 2. 5) Contract Sum The Contract Sum for the above work is $129.64 149.74 per ton delivered. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 03-24B, Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant. All prices, terms and conditions shall remain firm for the initial period of the contract. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual costs. Increase or decrease shall be predicated on actual costs incurred by the Contractor, which shall be documented to the satisfaction of the City, or otherwise ascertainable by thq Cit Cost adjustments shall reflect only a direct pass -through of costs, and no changes to the Contractor's profit margin shall be permitted. In consideration of fluctuations in fuel prices, the Ci!y will allow fuel surcharges during the term of the contract. The surcharge rate will be based on an average of the Fuel Surcharge Scale for the first three Mondays of the final month of each quarter, which will be aRylied to the base contract price -per ton of Quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one The surcharge rate will be based on the surcharne scale attached as Exhibit A, -and fuel pricing shall be based on the Retail On -Highway Diesel Price - Lower Atlantic as published -by the U,S. Department of Energy, Energy Information Administration. The City will accept surchaEge admustments no more than once a quarter beginning with the first quarter of the contract. The fuel surcharge for the first civarter will be determined by averaging the fuel surcharges for the first three Mondays of the month immediately prior the effective date of this Amendment. Pricina for each quarter shall be effective on the first-day of the -quarter. Following the effective date of this Amendment, the second quarter shall fall appr ximately 90 days later and the appropriate surcharge will then be applied. To qualify for this increase, the vendor must submit justification and written verification fFeFn fFeight4uel di&ibuter(s) detailing such increase to the Purchasing Division prior to the beginning each guarter. Applicable informatigD-provided by the U.S. Degartment of EneMy, Energy Information Administration, "Retail on Highway- Diesel Price - Lower Atlantic" shall be utilized to document reauests, for adiustment. Words struck through are deletions from the agreement. Words magidined are additions to the agreement ............ . ...... . . . ............... _.- ......... . . ...... . _.- ............... . .................. .............. 2 0 0 City of Tamara(-, Purchasing and Contracts Division ............ 3, All other provisions of the original agreement dated September 9, 2003 shall remain in effect as written. THIS SECTION INTENTIONALLY LEFT BLANK Words struck through are deletions from the agreement. Words underlined are additions to the a reernent ..... . ...... . . .... . ..... . ....................... . .. . . . . ........ . ................................. . ......... I-, ....................... 3 0 0 of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Chemical Lime Company of Alabama, Inc., signing by and through its Florida Manager, duly authorized to execute same. ATTEST: Z Marion -Swenson, CIVIC City Clerk C ITOF TAMARAC Schreiber, Mayor Date 117 u4e. Jeffrey C.'rMilAr, City Manager Date: Appr ed as to form and legal sufficiency: Date n I ATTEST: (Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) 4�i4eY-,(j 4��Ww 111 CIL&), l S, Goren, Interim City Attorney Chemical Lime Co. of Alabama, Inc. ature of Florida Manager) John L. Thompson Type/Print Name of Florida Manager October 7, 2005 Date 0 0 City of Tamarac Puinhasingood Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF—Rni k I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L, Thompson, Florida Manager of Chemical Lime Company of Alabama, Inc,, an Alabama Corporation, to me known to be the pprson(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 7 Z%N KIM � k NWYPd*-SftdFW* CWW"0 EOU SW r1l. 2MM9 day of October -, 20 05. dbWAIA4 n-dln-hk Signature of Notary Public State of Florida at Large Elizabeth A. Hart Print, Type or Stamp Name of Notary Public FRI Personally known to me or F-1 Produced Identification Type of I.D. Produced F-1 DID take an oath, or 7X DID NOT take an oath. A Chemical Lime A Lhoist Group Company TELEFAX Chemical Lime Company To 1A 62 '(I) -A- �2L 4 -T-�_L P.O. Box 1137 Mulberry, Fl. 33860 C, SR 676, (Nichols Rd) Company : (t), Nichols, Fl. 33863 Phone: (863)-425-1544 Fax 01-7z4- - z-,[�* Fax: (863) 425-0686 From: J Date : to h I () --)— Page 1 of I Subject (10 5(-.) lq-� Z S. 4. 7Avm 1-51 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is stricly prohibited. If you have received this communication in error, please notify us immediately by collect telephone, and return the original message to us at the above address via the U.S. Postal Service at our expense. Thank you. Oct 14 05 11:aea Chemical Lime 8634250686 J Chemical Lime A Lho& Gtoup company 04 October 14, 2005 Mr. Keith K. Glatz, CPpO Purchasing and Contracts Manager City of Tamarac 7525 NW 88i'Avenue Dear Mr. Glatz: VIA FACSIMILE This letter is to consolidate information and data that has been examined and discussed between the City of Tamarac and the South Florida Purchasing Cooperative and Chemical Lime Company, relative to the extension of our existing Lime Supply Agreement. Pricing for lime delivered to Tamarac and the Members of the COOP will be in accordance with the Pricing Schedule shown on Exhibit B. The term of this agreement Is from November 1, 2005 — October 31, 2006. Chemical Lime Company will allow current pricing to be extended through November 30, 2005 in order to provide the time for approvals by the governing bodies of individual OOOP members. Truck fuel surcharges will be evaluated on a quarterly basis, with the first quarter extending through February 28, 2006. Changes to the truck fuel surcharge will be in accordance with the 2006 Fuel Surcharge Scale, Exhibit A- Adjustments will be made in accordance with AMMENDMENT #2 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMCIAL LIME COMPANY OF ALABAMA, INC. As always, Your business is appreciated at Chemical Lime. Please contact me if you have any questions. Very truly yours, C EM17 E 'PMEnCO7 h om r J n L, 4y r orida Manager Attachments (3) Chomical Lime cornpa,7y P0. Box 1137 Mulberry FlOrlde 33860 P. I • 0 Exhibit A Chemical Lime Company 2006 Fuel Surcharge Scale Fuel Cost per Gallon % Rate Increase $ 2.30 6.0 $ 2.35 6.5 $ 2.40 7.0 $ 2.45 7.5 $ 2.50 8.0 $ 2.55 8.5 $ 2.60 9.0 $ 2.65 9.5 $ 2.70 10.0 $ 2.75 10.5 $ 2.80 11.0 $ 2.85 11.5 $ 2.90 12.0 $ 2.95 12.5 $ 3.00 13.0 $ 3.05 13.5 $ 3.10 14.0 $ 3.15 14.5 $ 3.20 15.0 $ 3.25 15.5 $ 3.30 16.0 $ 3.35 16.5 $ 3.40 17.0 $ 3.45 17.5 Note: Surcharge continues to increase .5% for each $0.05 increase in fuel costs, or decrease with every $0.05 decrease in fuel costs. 0 0 CHEMICAL LIME COMPANY Exhibit B SOUTH FLORIDA PURCHASING COOPERATIVE PROPOSED QUICKLIME PRICING SCHEDULE December 1, 2005 - October 31, 2006 Agency Lime Price Freight Delivered Broward IA $ 140.92 $ 8.82 $ 149.74 Broward 2A $ 140.92 $ 8.82 $ 149.74 Broward 3A $ 140.92 $ 8.82 $ 149.74 Broward D-4 $ 140.92 $ 8.82 $ 149.74 City of Coral Springs $ 140.92 $ 8.82 $ 149.74 Town of Davie - 76th Avenue $ 140.92 $ 8.82 $ 149.74 Town of Davie - 64th Avenue $ 140.92 $ 8.82 $ 149.74 City of Deerfield Beach - East $ 140.92 $ 8.82 $ 149.74 C4 of Deerfield Beach - West $ 140.92 $ 8.82 $ 1 1 49.74 City of Fort Lauderdale - Fiveash $ 140.92 $ 8.82 $ 149.74 E��of Fort Lauderdale - Peele Dixie $ 140.92 $ 8.82 $ 149.74 City of Hallandale $ 140.92 $ 8.82 $ 149.74 City of Hollywood Water Plant $ 140.92 $ 8.82 $ 149.74 City of Hollywood WWTP $ 140.92 $ 8.82 $ 149.74 Ci� of Lauderhill $ 140.92 $ 8.82 $ 149.74 City of Margate $ 140.92 $ 8.82 $ 149.74 City of Miramar $ 140.92 $ 9.35 $ 150-27 City of North Lauderdale $ 140.92 $ 8.82 $ 149.74 City of North Miami $ 140.92 $ 9.35 $ 150.27 City of North Miami Beach $ 140.92 $ 9.35 $ 150.27 City of Pembroke Pines $ 140 " 92 $ 8.82 $ 149.74 City of Pompano Beach $ 140.92 $ 8.82 $ 149.74 City of Sunrise - Springree $ 140.92 $ 8.82 $ 149.74 .City of Sunrise - Watermill $ 140.92 $ 8.82 $ 149.74 ICity of Tamarac $ 140.92 $ 8.82 $ 149.74 *Prices are per US ton (2000 pounds). Delivery via pneumatic tank truck, 25 ton minimum delivery. 2 free hours unloading time, standard demurrage charges will apply thereafter. *Truck fuel surcharges are subject to change quarterly.