HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-087Temp Reso #12984
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July 12, 2017
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-2017- j I
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO AWARD
BID #17-22B, "FURNISH, DELIVER AND
DISCHARGE OF QUICKLIME" TO, AND EXECUTE
AGREEMENTS WITH, LHOIST NORTH AMERICA
OF ALABAMA, LLC FOR THE CITY OF TAMARAC
AND AN ADDITIONAL TWENTY MEMBERS OF THE
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE (CO-OP); AND WITH
CARMEUSE LIME AND STONE ON BEHALF OF
ONE CO-OP MEMBER, THE CITY OF
HOLLYWOOD, FOR A PERIOD OF THREE (3)
YEARS WITH THREE (3) ADDITIONAL ONE-YEAR
RENEWAL OPTIONS, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac served as "lead agency" on Bid 17-22B,
"Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast
Florida Governmental Purchasing Cooperative (Co-op); and
WHEREAS, Twenty-one governmental agencies, including the City of
Tamarac will utilize this bid to purchase approximately 58,000 tons annually, of
quicklime for the Co-op, of which approximately 1,500 tons will be purchased for
the City of Tamarac, a copy of said bid is on file with the City Clerk; and
WHEREAS, the City of Tamarac publicly advertised Bid 17-22B, "Furnish,
Deliver and Discharge of Quicklime" on the City's web -site and in the Sun -
Sentinel on June 18, 2017; and
Temp Reso #12984
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July 12, 2017
WHEREAS, three (3) vendors downloaded the bid from the City's web -
site, and two (2) complete bids were opened and reviewed to determine cost and
responsiveness to the City's specifications; and
WHEREAS, Lhoist North America of Alabama, LLC submitted a delivered
the lowest delivered bid price per ton for the City, and prices as shown on the bid
tabulation for other members of the Co -Op, a copy of the bid tabulation is
attached hereto as Exhibit "1 "; and
WHEREAS, Lhoist North America of Alabama, LLC was deemed the
lowest responsive and responsible bidder for the City of Tamarac, and for twenty
(20) members of the Co-op, with a copy of the bid submitted on file with the City
Clerk; and
WHEREAS, Carmeuse Lime and Stone was deemed the lowest
responsive and responsible bidder for high calcium granular quicklime for the
City of Hollywood, a member of the Co-op, with a copy of the bid submitted on
file with the City Clerk, and
WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts
on behalf of the Co-op when awarding contracts for quicklime; and
WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist
North America of Alabama, LLC, and Carmeuse Lime & Stone, Inc. may seek a
price adjustment on a quarterly basis based on actual costs or in accordance
with one or more recognized indices; and
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July 12, 2017
WHEREAS, current dynamic economic conditions dictate that the best
interests of the City and the Co-op will be met by the utilization of an ongoing
quarterly material price adjustment formula, which allows for escalation and de-
escalation of material pricing on a quarterly basis, effective October 1st, January
1st, April 1st and July 1st of each year; and
WHEREAS, sufficient funds are available from the Public Services
Department Operating funds; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 17-22B be awarded to and
an agreement executed with Lhoist North America of Alabama, LLC for
furnishing, delivering and discharging quicklime, for a period of three years with
three (3) additional one (1) year renewal options for the City of Tamarac, and on
behalf of twenty (20) other agencies in the Co-op; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 17-22B be awarded to and
an agreement executed with Carmeuse Lime and Stone for furnishing, delivering
and discharging high calcium granular quicklime, for a period of three (3) years
with three (3) additional one (1) year renewal options for the City of Hollywood,
an agency in the Co-op; 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 award Bid 17-
25B and execute an agreement with Lhoist North America of Alabama, LLC for
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July 12, 2017
furnishing, delivering and discharging quicklime, for a period of three (3) years
with three (3) additional one (1) year renewal options, on behalf of the City of
Tamarac and on behalf of an additional Twenty (20) agencies in the Southeast
Florida Governmental Purchasing Cooperative, 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 award Bid 17-
22B and execute an agreement with Carmeuse Lime and Stone for furnishing,
delivering and discharging high calcium granular quicklime, for a period of three
(3) years with three (3) additional one (1) year renewal options, for the City of
Hollywood, an agency in the Co-op.
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 and all exhibits referenced and
attached hereto are incorporated herein and made a specific part of this
resolution.
SECTION 2: The award of Bid 17-22B, "Furnish, Deliver and
Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of
the City of Tamarac and twenty (20) agencies in the Southeast Florida
Governmental Purchasing Cooperative, is HEREBY AUTHORIZED.
Temp Reso #12984
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July 12, 2017
SECTION 3: The appropriate City officials are hereby authorized to
execute an agreement with Lhoist North America of Alabama, LLC as part of said
award, a copy of which is attached hereto as Exhibit "2" for prices as shown in
Exhibit "1" on behalf of the City of Tamarac and twenty (20) entities within the
Southeast Florida Governmental Purchasing Cooperative.
SECTION 4: The award of Bid 17-22B, "Furnish, Deliver and
Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high
calcium granular lime for the City of Hollywood, an agency in the Co-op, is
HEREBY AUTHORIZED.
SECTION 5: The appropriate City officials are hereby authorized to
execute an agreement with Carmeuse Lime and Stone as part of said award for
high calcium quicklime, a copy of which is attached hereto as Exhibit "3" for
prices as shown in Exhibit "1" on behalf of the City of Hollywood, an agency in
the Co-op.
SECTION 6: The City Manager, or his designee, is hereby
authorized to approve and execute any subsequent renewal options to this
Agreement, and to initiate Change Orders in amounts not to exceed $65,000 per
Section 6-147 of the City Code.
SECTION 7: All resolutions or parts of resolutions in conflict
herewith are HEREBY repealed to the extent of such conflict.
SECTION 8: 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 #12984
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July 12, 2017
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 9: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this, 3 day of �' 2017.
DEBRA PLACKO
VICE MAYOR
ATTEST:
ATRICIA TEUF , CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER�-Q�?�
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ eo
DIST 3: COMM. FISHMANP
DIST 4: VICE MAYOR DICKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
EL S. GOREN
CITY ATTORNEY
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
LHOIST NORTH AMERICA OF ALAB�AMtA, LLC
THIS AGREEMENT is made and entered into this day of 2017 by and between
the City of Tamarac, a municipal corporation with principal officedlocated at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY') and Lhoist North America of Alabama, LLC a duly authorized Florida
Foreign Limited Liability corporation with principal offices located at 3700 Hulen Street, Fort Worth, Texas
76107, (the "Contractor") to provide for Furnishing, Delivery and Discharge of Quicklime for the City of
Tamarac and participating agencies in the Southeast Florida Governmental Purchasing Cooperative.
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, Bid Document No. 17-22B, "Furnish, Deliver
and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract
Attachment A, "Participating Agencies and Unit Pricing Provided in Bid", which is a schedule of individual
agencies participating in the bid and delivered unit pricing for individual delivery locations, and
Attachment B, "Trucking Fuel Charge Scale" . 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. In the event that
there is a conflict between Bid Document No. 17-22B, "Furnish Deliver and Discharge Quicklime", as
issued by the City, and the Contractor's Proposal, Bid Document No. 17-22B, as issued by the City shall
take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this
document and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 17-22B,
"Furnish, Deliver and Discharge Quicklime" for the City of Tamarac and
participating agencies in the Southeast Florida Governmental Purchasing
Cooperative for all items EXCEPT FOR Type 2 — HI CAL Granular Lime for the
City of Hollywood, Florida.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 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.
2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form"
(See attached Appendix A to Bid Document No. 17-22B), 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.
2.1.5 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.
2.1.6 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.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non -City personnel.
2.1.8 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder's Risk 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 and 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.
3.2. 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. Insurance limits are outlined below:
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4) Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2017 through October 31, 2020. The City reserves the right to renew this Agreement for three (3)
additional one (1) years periods subject to the Contractor's 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 for entities listed in Contract Attachment A "Participating
Agencies and Unit Pricing Provided in Bid", shall be based on delivered cost per ton. The Contract sum
includes all labor, materials and freight charges for the job also known as Bid No. 17-22B, "Furnish,
Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities
listed in Contract Attachment A — Participating Agencies and Unit Pricing. All Terms and Conditions,
except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the
term of the contract,
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges. Initial pricing shall be held firm from November 1,
2017 through December 31, 2017, and shall be based on the actual pricing adjustment
submitted in October, 2017. Pricing changes will thereafter be allowable on a quarterly
basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein.
Attachment A. 'Participating Agencies and Unit Pricing Provided in Bid" provides the unit
pricing submitted as of the bid opening date of July 11, 2017.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor's rail carrier. Contractor shall provide
documentation regarding the rail carrier's pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Appendix B herein.
5.2.3 Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Appendix B herein, which shall be determined
by referencing the Retail On -Highway Diesel Price — U.S. Average, as published
by the U.S. Department of Energy, Energy Information Administration (DOE) for
the third Monday of the final month of each quarter. The truck fuel surcharge will
be applied 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 bidder shall utilize the trucking fuel surcharge scale included in
Attachment B, "Trucking Surcharge Scale" as a basis for adjustment, and
surcharge adjustments will be based on that scale. The DOE Retail On -
Highway Diesel Price — US Average index may be found at:
http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report combined asp,
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1st, April
1st, July 1st and October 1st of each year. The Contractor must submit sufficient
documentation to be given consideration for a price increase, and must pass -on
a price decrease when the Contractor's costs are reduced. Approved
documentation includes, but is not limited to published U.S. Department of
Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor
Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S.
Energy Information Administration WTI publications on spot crude oil prices, BLS
Electric Power Generation, Transmission and Distribution Index, BLS Crushed
and Broken Limestone Index, BLS mining Machinery and Equipment Index; and
copies of vendor monthly internal cost reports and/or actual invoices.
5.3.2 Rail and Truck freight charges and changes for transfer costs require written
verification from vendor's freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2017, subject to change as detailed in Section 5.1 herein.
5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section 5.2
of this Agreement, utilizing Appendix B to the original bid #17-22B. At the end of
each quarter, the Contractor will process a "true up" by comparing the actual
monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel
surcharges implemented at the time of the quarterly price change. Based on this
comparison, the Contractor will issue the City a credit or debit that represents the
variance.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass -through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City and
the Contractor may also utilize recognized government/industry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases.
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
17-22B. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII; Chapter 218.
7) Conditions of Material
All materials and products supplied by the Bidder in conjunction with this bid shall conform to the
specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery
of new product at no cost to the City.
8) Indemnification
8.1 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.
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8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees (including appellate attorneys fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 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 & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative
action to ensure that employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such
actions must include, but not be limited to, the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to
post in conspicuous places, available to its employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and
will comply with this nondiscrimination clause.
10) Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for
herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had
full opportunity to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
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 either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Lhoist North America of Alabama, LLC
3700 Hulen Street
Fort Worth, TX 76107
Attn: Ron Thompson, CEO
13) Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) 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.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material 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.
6
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14) Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
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.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
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21) Public Records
21.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
21.1.1 Keep and maintain public records required by the City in order to perform the
service;
21.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
21.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
21.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
21.2 During the term of the contract, the Contractor shall maintain 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.
22) Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
a t.v
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
CONTRACTOR, signing by and through its CEO duly authorized to execute same.
CITY TJ�► ARAC
Get
a essler, Mayor
Dat
ATTMifhael C. Cernech, City Manage
. 4d&rk L�- � ok
Patricia A. Teufel, CIVIC Date
City Clerk �TA44
��pi
o' • ' ' / �' f Approve s to form and lea uffi iency:
Dater �✓ 1/
CDr' ESTABLISHED :
X ' 1963
�� SEAL
Date
ATTEST:tA
A
ignature of Corporate Secretary
y e x g t f. wen65
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
LHOIST NORTH AMERICA OF ALABAMA, LLC
Company Name
Signature
Ron Thomason. CEO
-I )AD 1`7
D to
< 1 vvv 'e ,acil Dv' s of
CORPORATE ACKNOWLEDGEMENT
STATE OF
:
COUNTYOF-9,e,4A)—r SS
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 Ron Thompson, CEO for Lhoist North America
of Alabama, LLC, a duly authorized Florida Foreign Limited Liability 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 • day of V �.
Signature of Notary Public
State ofat Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
&�-'DID take an oath, or
❑ DID NOT take an oath.
41
an i.,_."2 t'�.I� cs 1r`S`,'
ATTACHMENT A PARTICIPATING AGENCIES AND UNIT PRICING PROVIDED IN BID
Below is a list of the agencies participating in this Agreement and their respective delivery locations:
AGENCY
DELIVERY ADDRESS
CITY/STATE/ZIP
CONTACT
PHONE / E-MAIL
Broward County Dist. 1A
3701 N State Road 7
Lauderdale Lakes 33319
Michael Belight
954/831-0940
MBELIGHT broward.or
Broward County Dist. 2A
1390 NE 51 St.
Pompano Beach 33064
Michael Williams
954/831-4117
MWILLIAMS broward.or
City of Coral Springs
3800 NW 85th Avenue
Coral Springs 33065
Alvan Jones
954/345-2162
a0ones corals rin s.or
City of Dania Beach
1201 Stirling Road
Dania Beach 33004
Phil Skidmore
954/924-6800 x3616
Skidmore daniabeachfl. ov
City of Delray Beach
201 SW 7t" St.
Delray Beach 33444
John Bullard
561/243-7319
bullard' m delra beach.com
Town of Davie
3500 NW 76" Avenue
Hollywood, FL 33024
Stanley Ebanks Raul
954/327-3750 954/327-3748
Sotelo
City of Deerfield Beach
290 Goolsby Blvd.
Deerfield Beach 33442
Albert Jernej
954/480-4370 aiiernei(a2deerfield-
beach.com
City of Fort Lauderdale
949 NW 38t" Street
Oakland Park, 33309
Cesar Alza
954/828-7865
City of Hallandale Beach
630 NW 2nd Street
Hallandale 33009
John Fawcett
954/457-1632 'fawcett(a)cohb.org
City of Hollywood
3441 Hollywood Blvd.
Hollywood 33021
Carlos Aguilera
954/967-4230
ca uile aDhollvwoodfi.orq
City of Hollywood
1621 N. 14" Avenue
Hollywood 33022
Coy Mathis Attn: Steve
954/921-3288
Farrell
cmathis(a)hollvwoodfl.org
sfarrell(a)hollywoodfl.org
City of Lauderhill
2101 NW 49th Avenue
Lauderhill 33313
Neil Buckeridge
954/730-2972
nbuckerid a lauderhill-fl. ov
City Of Margate
980 NW 66 Ave.
Margate 33063
Richard Uber
954/972-0828
ruber(@mar-gatefl.com
City Of Miramar
2600 SW 66" Terrace
Miramar 33023
Jeffrey Pinter / Stephen
954/883-6854
Glatthom
ippinter(a)miramarn.gov ; 954/883-
5143 s latthorn miramarfl. ov
City of North Miami
12098 NW 11 Ave.
North Miami 33168
Wisler Pierre -Louis
305/895-9834
City of North Miami Beach'
Norwood Water Plant, 19150 NW
Miami Gardens 33169
Carlos Carrazana
305/654-6460
8t" Avenue
Cados.carrazana Cit nmb.com
Village of Palm Springs
360 Davis Road
Palm Springs 33461
Brent Watson
561/315-0674 bwatso_n@_vpsfl.org
Village of Palm Springs
5618 Basil Drive
West Palm Beach 33415
Brent Watson
561/315-0674 bwatson(a)vpsfl.ora
City Of Pembroke Pines
7960 Johnson Street
Pembroke Pines 33024
Juquitta Drieth
954/986-5009
'u uitta.drieth CHZM.com
City of Pompano Beach
301 NE 121" Street
Pompano Beach 33060
Jason Mraz
954/545-7006
Jason. mraz co bfl.com
City of Sunrise
4350 Springtree Drive
Sunrise 33351
Jim Dolan
954/572-2424
'dolan(a)sunrisefl.clov
City of Sunrise
15450 Sludgemill Road
Davie 33331
Hugo Alagic
954/434-6900
hala is sunrisefl. ov
City of Tamarac
7803 NW 61 st Street
Tamarac 33321
Anthony Licata
954/597-3777
anthon .licata tamarac.or
U.S. Water (City of North
841 NW 71' Avenue
North Lauderdale
Rudy Perez
954/724-7071
Lauderdale
Village of Wellington (Pebble)
1100 Wellington Trace
Wellington 33414
Sean McFarland
561/791-2465
Village of Wellington (Granular)
Water Reclamation,11860 Pierson
Wellington 33414
Bryan Gayoso
561/753-2481
Rd
42
UNIT PRICING PROVIDED IN BID AS OF JULY 11, 2017 FOR AWARDED AGENCIES
AGENCY
DELIVERY ADDRESS
ANNUAL
USAGE
PRICE
PER TON
FREIGHT
CHARGE
TOTAL
COST
DELIVERED
Type 1 - Pebble Lime
Broward County Dist. 1
3701 N State Road 7
4,200
$150.94
$101.37
$252.31
Broward County Dist. 2
1390 NE 51 St.
6,300
$150.94
$101.37
$252.31
City of Coral Springs 1
3800 NW 85th Avenue, Coral Springs
1352
$150.94
$101.37
$252.31
Town of Davie
3500 NW 76th Avenue, Hollywood
750
$150.94
$101.37
$252.31
City of Deerfield Beach
290 Goolsby Blvd. - West Plant, Deerfield
Beach
1872
$150.94
$101.37
$252.31
City of Fort Lauderdale
949 NW 381h St., Ft. Lauderdale
11,500
$150.94
$101.37
$252.31
City of Hallandale 2
215 NW 6th Avenue, Hallandale
900
$150.94
$101.37
$252.31
City of Lauderhill
2001 NW 49th Avenue, Lauderhill
1825
$150.94
$101.37
$252.31
City Of Miramar
2600 SW 66th Terrace, Miramar
953
$150.94
$101.37
$252.31
City of North Miami
12098 NW 111h Ave, North Miami
1,440
$150.94
$102.081
$253.02
Village of Palm Springs
360 David Road, Palm Springs
600
$150.94
$101.37
$252.31
Village of Palm Springs
5618 Basil Drive, West Palm Beach
600
$150.94
$101.37
$252.31
Citv of Pompano Beach
301 NE 12th Street, Pompano Beach
2,200
$150.94
$101.37
$252.31
City of Sunrise
4350 S rin tree Drive, Sunrise
2,400
$150.94
$101.37
$252.31
City of Sunrise
15400 Sludge Mill Road, Davie
600
$150.94
$101.371
$252.31
U.S. Water (City of North
Lauderdale)
841 NW 715t Avenue, North Lauderdale
650
$150.94
$101.37
$252.31
Village of Wellington
1100 Wellington Terrace, Wellington
1,240
$150.94
$112.01
$262.95
TYPE 1A - Foundry/
Rice Lime
City of Dania Beach
1201 Stirling Road, Dania Beach
320
$150.94
$101.37
$252.31
City of Delray Beach
201 SW Th St., Delray Beach
3,650
$150.94
$101.37
$252.31
City of Hollywood
3441 Hollywood Blvd., Hollywood
2,400
$150.94
$101.37
$252.31
City Of Margate
980 NW 661h Ave, Margate
2,000
$150.94
$101.37
$252.31
City of North Miami
Beach 3
19150 NW 8th Ave, Miami Gardens
3,000
$150.94
$102.08
$253.02
City Of Pembroke Pines
7960 Johnson Street, Pembroke Pines
4,500
$150.94
$101.37
$252.31
City of Tamarac
7803 NW 61st Street, Tamarac
1,500
$150.94
$101.37
$252.31
TYPE 2 -- Hi CAL
Granular 4
Village of Wellington
11860 Pierson Rd., Wellington
1 20
$150.94
132.12
$283.06
Approximate Total Annual TonnageTonnagel
52,572
Delivery Location Special Conditions:
1 Coral Springs - Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY.
2 Hallandale Beach - 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.
3 North Miami Beach -- At time of publication, the City of North Miami Beach was in the process of entering
into an Agreement for the privatization of their Water Plant Operations. It is not certain if the new
contractor will be utilizing the resultant agreement or not. Successful contractor to contact North Miami
43
Beach to determine if they will be purchasing Quicklime materials from this Agreement, or if their private
contractor will be purchasing on their behalf, or if no further purchases will be made using this Agreement.
4 Village of Wellington Utilizes Hi -Cal Granular Quicklime (Type 2). As detailed in specification for Hi -Cal
Granular in Invitation for Bid 17-17B.
Remainder of Page Intentionally Blank
44
ATTACHMENT B
TRUCK FUEL SURCHARGE SCALE
aCon"racts _ rl
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of
Energy's DOE Retail On -Highway Diesel Price - US Average index may be found at: published on
the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following
website: https://www.eia.gov/petroleum/gasdiesel/
Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75
0.00%
$3.00
13.00%
$1.80
1.00%
$3.05
13.50%
$1.85
1.50%
$3.10
14.00%
$1.90
2.00%
$3.15
14.50%
$1.95
2.50%
$3.20
15.00%
$2.00
3.00%
$3.25
15.50%
$2.05
3.50%
$3.30
16.00%
$2.10
4.00%
$3.35
16.50%
$2.15
4.50%
$3.40
17.00%
$2.20
5.00%
$3.45
17.50%
$2.25
5.50%
$3.50
18.00%
$2.30
6.00%
$3.55
18.50%
$2.35
6.50%
$3.60
19.00%
$2.40
7.00%
$3.65
19.50%
$2.45
7.50%
$3.70
20.00%
$2.50
8.00%
$3.75
20.50%
$2.55
8.50%
$3.80
21.00%
$2.60
9.00%
$3.85
21.50%
$2.65
9.50%
$3.90
22.00%
$2.70
10.00%
$3.95
22.50%
$2.75
10.50%
$4.00
23.00%
$2.80
11.00%
$4.05
23.50%
$2.85
11.50%
$4.10
24.00%
$2.90
12.00%
$4.15
24.50%
$2.95
12.50%
$4.20
25.00%
45
cif , - f 1' Purchasing and Contracts ;division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CARMEUSE LIME AND STONE INC.
THIS AGREEMENT is made and entered into this J 3 day of � , 20L71by and between
the City of Tamarac, a municipal corporation with principal offices 19cated at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and Carmeuse Lime and Stone Inc., a Pennsylvania Corporation duly
registered as a Florida Foreign corporation with principal offices located at 11 Stanwyx Street, 21st Floor,
Pittsburgh, Pennsylvania 15222 (the "Contractor") to provide for Furnishing, Delivery and Discharge of HI
CAL Bulk Granular Quicklime for the City of Hollywood, Florida through the Southeast Florida
Governmental Purchasing Cooperative.
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, Bid Document No. 17-22B, "Furnish, Deliver
and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract
Attachment A, "Participating Agencies and Unit Pricing Provided in Bid", which is a schedule of individual
agencies participating in the bid and delivered unit pricing for individual delivery locations, and
Attachment B, "Trucking Fuel Charge Scale". 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. In the event that
there is a conflict between Bid Document No. 17-22B, "Furnish Deliver and Discharge Quicklime", as
issued by the City, and the Contractor's Proposal, Bid Document No. 17-22B, as issued by the City shall
take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this
document and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 17-22B,
"Furnish, Deliver and Discharge of Quicklime" for the City of Hollywood, Florida,
through the City of Tamarac on behalf of the Southeast Florida Governmental
Purchasing Cooperative for Type 2 — HI CAL Granular Quicklime.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 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.
City of Tamarac
2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form"
(See attached Appendix A to Bid Document No. 17-22B), 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.
2.1.5 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.
2.1.6 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.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non -City personnel.
2.1.8 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder's Risk 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 and 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.
3.2. 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. Insurance limits are outlined below:
Insurance Requirements
Line of Business/Coverage
Occurrence
Aggregate
Limits
Commercial General Liability including:
Premises/Operations
contractual Liability
Personal Injury
ExbsiCollapse,
p ory Underground Hazard
Products/Completed operation
Broad Farm Property Damage
Automobile Liability
$1,000,000.00
$1,000,000.00
workers' Comperaation & Employers Liability
Statutory
Purchasing and Contracts Division
4) Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2017 through October 31, 2020. The City reserves the right to renew this Agreement for three (3)
additional one (1) years periods subject to the Contractor's 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 for entities listed in Contract Attachment A "Participating
Agencies and Unit Pricing Provided in Bid", shall be based on delivered cost per ton. The Contract sum
includes all labor, materials and freight charges for the job also known as Bid No. 17-22B, "Furnish,
Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities
listed in Contract Attachment A — Participating Agencies and Unit Pricing. All Terms and Conditions,
except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the
term of the contract,
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges. Initial pricing shall be held firm from November 1,
2017 through December 31, 2017, and shall be based on the actual pricing adjustment
submitted in October, 2017. Pricing changes will thereafter be allowable on a quarterly
basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein.
Attachment A. "Participating Agencies and Unit Pricing Provided in Bid" provides the unit
pricing submitted as of the bid opening date of July 11, 2017.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor's rail carrier. Contractor shall provide
documentation regarding the rail carrier's pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Appendix B herein.
5.2.3 Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Appendix B herein, which shall be determined
by referencing the Retail On -Highway Diesel Price — U.S. Average, as published
by the U.S. Department of Energy, Energy Information Administration (DOE) for
the third Monday of the final month of each quarter. The truck fuel surcharge will
be applied 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 bidder shall utilize the trucking fuel surcharge scale included in
Attachment B, "Trucking Surcharge Scale" as a basis for adjustment, and
surcharge adjustments will be based on that scale. The DOE Retail On -
Highway Diesel Price — US Average index may be found at:
hftp://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report combined asp,
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1st, April
1st, July 1st and October 1st of each year. The Contractor must submit sufficient
documentation to be given consideration for a price increase, and must pass -on
a price decrease when the Contractor's costs are reduced. Approved
documentation includes, but is not limited to published U.S. Department of
Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor
Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S.
of Tamarac rr�r, , n.,
Energy Information Administration WTI publications on spot crude oil prices, BLS
Electric Power Generation, Transmission and Distribution Index, BLS Crushed
and Broken Limestone Index, BLS mining Machinery and Equipment Index; and
copies of vendor monthly internal cost reports and/or actual invoices.
5.3.2 Rail and Truck freight charges and changes for transfer costs require written
verification from vendor's freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2017, subject to change as detailed in Section 5.1 herein.
5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section 5.2
of this Agreement, utilizing Appendix B to the original bid #17-22B. At the end of
each quarter, the Contractor will process a "true up" by comparing the actual
monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel
surcharges implemented at the time of the quarterly price change. Based on this
comparison, the Contractor will issue the City a credit or debit that represents the
variance.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass -through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City and
the Contractor may also utilize recognized governmentlindustry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases.
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
17-22B. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII; Chapter 218.
7) Conditions of Material
All materials and products supplied by the Bidder in conjunction with this bid shall conform to the
specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery
of new product at no cost to the City.
8) Indemnification
8.1 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.
4
Purchasing and Contract;; Division
8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorneys fees (including appellate attorney's fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 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 & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative
action to ensure that employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such
actions must include, but not be limited to, the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to
post in conspicuous places, available to its employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and
will comply with this nondiscrimination clause.
10) Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
City of Tamarac 111111111M �:r a ;>>c
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for
herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had
full opportunity to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
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 either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Carmeuse Lime and Stone, Inc.
11 Stanwyx Street, 21 st Floor
Pittsburgh, PA 15222
Attn: Jack Fahler, Vice President of Sales &
Marketing
(412) 995-1053 Fax: (412) 995-5585
13) Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) 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.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material 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.
Purchasing and Contracts Division
14) Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
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.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
City Of Tamarac
21) Public Records
21.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
21.1.1 Keep and maintain public records required by the City in order to perform the
service;
21.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
21.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
21.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
21.2 During the term of the contract, the Contractor shall maintain 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.
22) Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
s
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
CONTRACTOR, signing by and through its Vice President of Sales and Marketing duly authorized to
execute same.
CITY701,ARAC
ry ressler, Mayor
D
ATT Michael C.'Cernech, City Manager .�
` b dq (�z-
Patricia A. Teufel, CMC Date
City Clerk ��JIIIIIlt����
"Approved to form and legal sufficiency:
Date f�
ASID 01YA66rHey
Ap•, !� \ Date
ATTEST: '�it) 8.\"��`\ CARMEUSE LIME AND STONE INC.
Company Name
:AL,
/
of Corporate Secretary
i t;yR J J) • ("c L- (.N
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
At
Sig ature
Jack Fahler, Vice President of Sales & Marketing
Date
7/26/17
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF Pennsylvania
SS
COUNTY OF Allegheny
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 Jack Fahler, Vice President of Sales and
Marketing for Carmeuse Lime and Stone, Inc., a Pennsylvania Corporation duly registered as a Florida Foreign
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 thi day of , 20a
f COMMONWEALTH OF PENNSYLVANIA (17 Signat of Notary Public
NOTARIAL SEAL State of M0r�1�
Lara Heather Sees, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Sept. 14, 2020 Print, Type or Stamp
r,oARIS Name of Notary Public
Personally known to me or
Produce Identification
yle of I.D. Produce
❑ DID take an oath, or
DID NOT take an oath.
41
and Contracts Division
ATTACHMENT A PARTICIPATING AGENCIES AND UNIT PRICING PROVIDED IN BID
Below is a list of the agencies participating in this Agreement and the respective delivery location:
AGENCY
DELIVERY ADDRESS
CITY/STATE/ZIP
CONTACT
PHONE / E-MAIL
City of Hollywood
1621 N. 14th Avenue
Hollywood 33022
Coy Mathis Attn: Steve
954/921-3288
Farrell
cmathisna hollvwoodfl oro
sfarrell(Whollywoodfl.ong
UNIT PRICING PROVIDED IN BID AS OF JULY 11, 2017 FOR AWARDED AGENCIES
AGENCY
DELIVERY ADDRESS
ANNUAL
PRICE
FREIGHT
TOTAL
USAGE
PER TON
CHARGE
COST
DELIVERED
TYPE 2 -- Hi CAL
Granular 4
Hollywood lWastewater,
Fof
1621 N. 14"' Ave, Hollywood
5500 1
$175.001
$89.85
$264.85
Approximate Total Annual Tonnage
5500
..v.•.—y r--awl• vF v%olct1 VV1Iumul li.
4 City of Hollywood Utilizes Hi -Cal Granular Quicklime (Type 2). As detailed in specification for Hi -Cal
Granular in Invitation for Bid 17-17B.
Remainder of Page Intentionally Blank
42
of Tamarac
ATTACHMENT B
TRUCK FUEL SURCHARGE SCALE
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of
Energy's DOE Retail On -Highway Diesel Price - US Average index may be found at: published on
the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following
website: hftps://www.eia.gov/r)etroleum/gasdiesel/
Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75
0.00%
$3.00
13.00%
$1.80
1.00%
$3.05
13.50%
$1.85
1.50%
$3.10
14.00%
$1.90
2.00%
$3.15
14.50%
$1.95
2.50%
$3.20
15.00%
$2.00
3.00%
$3.25
15.50%
$2.05
3.50%
$3.30
16.00%
$2.10
4.00%
$3.35
16.50%
$2.15
4.50%
$3.40
17.00%
$2.20
5.00%
$3.45
17.50%
$2.25
5.50%
$3.50
18.00%
$2.30
6.00%
$3.55
18.50%
$2.35
6.50%
$3.60
19.00%
$2.40
7.00%
$3.65
19.50%
$2.45
7.50%
$3.70
20.00%
$2.50
8.00%
$3.75
20.50%
$2.55
8.50%
$3.80
21.00%
$2.60
9.00%
$3.85
21.50%
$2.65
9.50%
$3.90
22.00%
$2.70
10.00%
$3.95
22.50%
$2.75
10.50%
$4.00
23.00%
$2.80
11.00%
$4.05
23.50%
$2.85
11.50%
$4.10
24.00%
$2.90
12.00%
$4.15
24.50%
$2.95
12.50%
1 $4.20
25.00%
43