HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-062Temp Reso #12508
Page 1
June 9, 2014
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXERCISE THE FIRST RENEWAL OPTION OF
AGREEMENTS TO "FURNISH, DELIVER AND
DISCHARGE OF QUICKLIME" TO, AND EXECUTE
AGREEMENT AMENDMENTS
NORTH AMERICA OF ALABAMA,
CHEMICAL LIME COMPANY OF
WITH, LHOIST
LLC (FORMERLY
FOR THE CITY OF TAMARAC AND O
EIGHTEEN OTHER AGENCIES
ABAMA, LLC)
N BEHALF OF
IN THE
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE (CO-OP); AND WITH
CARMEUSE LIME &STONE, INCORPORATED ON
BEHALF OF ONE MEMBER OF THE SOUTHEAST
FLORIDA GOVERNMENTAL PURCHASING
COOPERATIVE, THE CITY OF HOLLYWOOD, FOR
A PERIOD OF ONE YEAR PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac served as "lead agency" on Bid 11-25B,
"Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast
Florida
Governmental Purchasing
Cooperative (CO-OP)
which was awarded, on
behalf
of the City and eighteen
(18) other agencies,
to, and an Agreement
executed with Chemical Lime Co. of Alabama, LLC, as evidenced by Resolution
R-2011-86, a copy of which is on file with the City Clerk; and
WHEREAS, as the lead agency for the CO-OP, the bid was also awarded
to and an Agreement executed on behalf of one (1) agency with the with
Temp Reso # 12508
Page 2
June 9, 2014
Carmeuse Lime and Stone, Inc., (Carmeuse), as further evidenced by Resolution
R-2011-86; and
WHEREAS Chemical Lime Co. of Alabama, LLC underwent a corporate
name change to Lhoist North America of Alabama, LLC effective December 31,
2011, as indicated in a letter issued by its parent company, Lhoist North America
and shall heretofore be known as Lhoist North America of Alabama, LLC (Lhoist),
a copy of said letter is included herein as Exhibit "1 "; and
WHEREAS, both Lhoist and Carmeuse are agreeable to exercising the
first one (1) year renewal option; and
WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist
and Carmeuse may seek a quarterly material price adjustment based on a
formula that factors in actual costs and / or recognized indices; and
WHEREAS, current dynamic economic conditions dictate that the best
interests of the City and the CO-OP will be met by the continuation of an ongoing
quarterly material price adjustment formula for Lhoist and Carmeuse
customers, which allows for escalation and de-escalation of material pricing on a
quarterly basis, effective October 1st, January 1 St, April 1 St and July 1st of each
year; and
WHEREAS, sufficient funds are available from the Utilities Department
Operating funds; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that the first renewal option for the
Temp Reso #12508
Page 3
June 9, 2014
Agreement awarded as a result of Bid #11-25B be exercised and an agreement
Amendment be executed with Lhoist for furnishing, delivering and discharging
quicklime, for a period of one year for the City of Tamarac, and on behalf of
eighteen (18) other agencies in the CO-OP; a copy of said Agreement
Amendment #1 is attached hereto as Exhibit "2"; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that the first renewal option for the
Agreement awarded as a result of Bid #11-25B be exercised and an Agreement
Amendment be executed with Carmeuse for furnishing, delivering and
discharging quicklime, for a period of one year on behalf of one (1) agency in the
CO-OP, the City of Hollywood, a copy of said Agreement Amendment #1 is
attached hereto as Exhibit "3"; 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 exercise the
first renewal option for Bid 11-25B and execute Agreement Amendment #1 with
Lhoist for furnishing, delivering and discharging quicklime, for a period of one
year effective November 1, 2014 on behalf of the City of Tamarac and eighteen
(18) other agencies 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 exercise the
first renewal option for Bid 11-25B and execute Agreement Amendment #1 with
Carmeuse for furnishing, delivering and discharging quicklime, for a period of one
Temp Reso # 12508
Page 4
June 9, 2014
year effective November 1, 2014 on behalf of one (1) agency in the CO-OP, the
City of Hollywood.
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:
Agreement Amendment #1 for the Agreement
executed as a result of the award of Bid 11-25B, "Furnish, Deliver and Discharge
of Quicklime", to Lhoist, on behalf of the City of Tamarac and eighteen (18) other
agencies in the CO-OP for a period of one (1) year effective November 1, 2014)
attached hereto as Exhibit "2", is hereby approved, and the appropriate City
officials are hereby authorized to execute Agreement Amendment #1 with Lhoist,
as part of said award, a copy of which is attached hereto as Exhibit "2" on behalf
of the City of Tamarac and eighteen other (18) agencies in the CO-OP for a
period of one (1) year effective November 1, 2014.
SECTION 3:
Agreement Amendment #1
Temp Reso # 12508
Page 5
June 9, 2014
for the Agreement
executed as a result of the award of Bid 11-25B, "Furnish, Deliver and Discharge
of Quicklime", to Carmeuse, on behalf of one (1) agency, the City of Hollywood,
in the CO-OP for a period of one (1) year effective November 1, 2014, attached
hereto as Exhibit " 3", is hereby approved, and the appropriate City officials are
hereby authorized to execute Agreement Amendment #1 with Carmeuse as part
of said award, a copy of which is attached hereto as Exhibit " T on behalf of one
(1) agency, the City of Hollywood, in the CO-OP for a period of one (1) year
effective November 1, 2014.
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.
SECTION 6:
This Resolution shall become effective immediately
upon its passage and adoption.
Temp Reso #12508
PASSED, ADOPTED AND APPROVED
ATTEST:
s %k
PATRICIA TEUFE
CITY CLERK
MC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
Page 6
June 9, 2014
2014.
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER t4-(-4
DIST 1: COMM. BUSH NEEL-
DIST 2: VICE MAYOR GOMEZ L4A--v
DIST 3: COMM. GLASSER�
DIST 4: COMM. PLACKO �
Ref: Company Name Change
Dear Customer:
As you know, our organization began doing business as Lhoist North America in 2009 as
we became more closely aligned in the marketplace with our ownership. We are happy to
announce that effective December 31, 2011 most all of our operating companies will be
officially joined under one name - Lhoist North America. We hope that this change will
alleviate any confusion that has existed with respect to our name change. Only H.C.
Spinks Clay Company, Incorporated will retain its current name.
Each of our operating companies' physical addresses, phone numbers, remit -to addresses
and Federal Tax Identification numbers will remain the same. Below is a listing of the
former names of our companies, along with the corresponding new legal name, and the
state in which each entity is organized.
� FORMER NAME I ST I NEW NAME
(Franklin Industries Inc.
Chemical Lime, Ltd.
(Chemical Lime Company of Missouri, Inc.
Chemical Lime Company of Virginia, Inc.
(Chemical Lime Company of Arizona
H.C. Spinks Clay Company, Incorporated
(Chemical Lime Company of Canada, Inc.
TN 11-hoist North America of Tennessee, Inc.
TX 11-hoist North America of Texas, Ltd.
MO 11-hoist North America of Missouri, Inc.
DE 11-hoist North America of Virginia, Inc.
AZ 11-hoist North America of Arizona, Inc.
TN 1H.C. Spinks Clay Company, Incorporated
Lhoist North America of Canada, Inc.
For your convenience, a new W-9 for the operating company with which you do business
is enclosed. If there are questions about the W-9, please email Kristy Ingram at
kristy.ingram@lhoist.com.
Please call if you have any questions or concerns. As always, we strive to provide the
best service to you.
Respectfully,
Mike Eliasen
Vice -President of Sales,
Lhoist North America
West Region
David Puryear
Vice -President of Sales, East Region
Lhoist North America
Lhol'st North America
� Lhoisi Group
Kathleen M. Reade
Corporate Paralegal
June 2, 2014
VIA FEDERAL EXPRESS
Mr. Keith K. Glatz, CPPO
Purchasing and Contracts Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
Re: Agreement Between the City of Tamarac and Chemical Lime
Company of Alabama, LLC Associated with Bid Document No. 11-25B
Dear Mr. Glatz:
Enclosed please find the above named document which has been executed by
John Thompson and attested by Kenneth E. Curtiss on behalf of Lhoist North America of
Alabama, LLC.
Please have the appropriate representatives of the City of Tamarac execute the
documents, and return one to me for our file and distribution.
Thank you for your attention to this matter.
Very truly yours,
thleen M. Reade
Enclosures
3700 Hulen Street, Fort Worth, Texas 76107
Direct Phone: (817) 806-1613 (800) 365-6724 Fax: (817) 377-3107
.11
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AGREEMENT AMENDMENT ##1
BETWEEN THE CITY OF TAMARAC
UsVI FBI
LHOIST NORTH AMERCA OF ALABAMA, LLC
The CITY OF TAMARAC (City) and Lhoist North America of Alabama, LLC (formerly
Chemical Lime Company of Alabama, LLC) an Alabama limited liability corporation, with
principal offices located at 3700 Hulen Street, Ft. Worth, Texas 76107, agree to amend that
certain Agreement between the City of Tamarac and Lhoist North America of Alabama, LLC
(formerly Chemical Lime Company of Alabama, LLC.) effective November 1, 2011, as
amended, (the "Agreement") as follows:
1. Pursuant to the terms of Section 4, Time of Commencement and Substantial
Completion, of the Agreement the City and Lhoist North America of Alabama, LLC exercise
the first renewal option for the term November 1, 2014 through October 31, 2015.
2. Add the following item specification which shall be the same composition as
Type 1 Pebble Lime" except for sieve size:
"Type 1A Rice Lime"
3. The name of the firm is now hereby changed from Chemical Lime Company
of Alabama, LLC to Lhoist North America of Alabama, LLC as the result of a corporate
name change.
4. All other provisions of the original agreement remain in effect as written.
Remainder of Page Intentionally Blank
2
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IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through
its Mayor, and Lhoist North America of Alabama, LLC, signing by and through its Florida
Sales Manager, duly authorized to execute same.
1
Patricia Teufel,
City Clerk It
Date
ATTEST:
(Lorporate Secretary)
ype/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAIN+ARAC
Harry
Date
er, Mayor
� 41
4.410; a )/ V
Michael C. Gernech,
4 D- 5 low"
Date
Approved as to form and legal sufficiency:
t -1"t RAM
LHO[ST NORTH AMER CA OF ALABAMA,
LLC _
Signature of Florida S7aWManager
John Thompson
Florida Sales Manager
513o l r
Date
3
Cllkyo of ^(yamamarac - � - s Contracts
y Division
ly; v} py
CORPORATE ACKNOWLEDGEMENT
STATE OF
Florida -
:SS
COUNTY of Folk
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
Thompson, Florida Sales Manager for Lhoist North America of Alabama, LLC., an Alabama
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 30 day of May_, 2014
0.
Signature of Notary Public
State of FL at Large
Elizabeth A. Hart
Print, Type or Stamp
Name of Notary Public
� Personally known to me or
❑ Produced Identification
Type of I.D. Produced
0 DID take an oath, or
R DID NOT take an oath.
it o 7-at),,,a ra c ` .�; c� f y^g r'y f a S 3 f S
AGENCY
DELIVERY ADDRESS
ESTIMATEDANNUAL USAGE
TYPE 1— Pebble Lime
Broward. County Dist. IA
3701 N State Road 7, Lauderdale Lakes, FL 33319
3,900
Broward Cotmty Dist. 2A
1390 NE 50"' Street, Pompano Beach, FL 33064
6,300
City of Coral Springs
3800 NW 85th Avenue, Coral Springs
21,000
Town of Davie
3500 NW 76th Avenue, Davie
750
City of Deerfield Beach
290 Goolsby Blvd. — West Plant, Deerfield Beach
1,872
City of Fort Lauderdale
949 NW 38"' Street, Oakland Park, FL 33309
111500
City of Hallandale
215 NW 6th Avenue, Hallandale
900
City of Lauderhill
2001 NW 49th Avenue, Lauderhill
1,825
City Of Miramar
2600 SW 66t' Terrace, Miramar
953
City of North Lauderdale (U.S. Water)
841 NW 7 1 " Avenue, North Lauderdale
50
City of North Miami
12098 NW I It" Ave, North Miami
1,440
City Of Pembroke Pines
7960 Johnson Street, Pembroke Pines
41000
City of PO m ano Beach
301 NE 12th Street, Pompano Beach
2,020
City of Sunrise
4350 S rin tree Drive, Sunrise
2400
City of Sunrise
15400 Sludge Mill Road, Davie
600
City of Tamarac
7803 NW 61 st Street, Tamarac:
11500
Village of Wellington
1100 Wellington Trace, Wellington, FL 33414
1,240
TYPE 1A — Rice Lime
City of Hollywood
3441 Hollywood Blvd... Hollywood
2400
City of North Miami Beach
19150 NW 8"' Ave, Miami Gardens
2,800
City of Dania Beach
1201 Stirling Road, Dania Beach, FL 33004
320
City Of Margate
980 NW 66 Ave. Margate
25500
Total Estimated Annual TonnageTonnagel
51,270
y
PURCHASING AND
CONTRACTS DIVISION
May 28, 2014
Mr. Bruce D. Routhieaux
Vice President, Sales
Carmeuse Lime & Stone, Inc.
11 Stanwix Street, 11 th Floor
Pittsburgh, PA 15222
RE: Agreement Renewal
Bid 11-25B
Furnish Deliver and Discharge of Quicklime
Dear Mr. Routhieaux:
The City's Agreement with your company to provide quicklime will expire on 2014.
original agreement effective November 1, 2011 provides for three additional one
renewal options. This is the first renewal option for the subject contract.
The
year
As you know, we have both worked diligently to arrive at a mutually agreeable method for
adjusting pricing, based on continuously changing economic conditions, which promise to
remain dynamic. The attached Agreement Amendment reflects what we have agreed
upon, and I am forwarding Agreement Amendment #1 for your firm to execute.
Accordingly, we would ask that you please print and fully execute two (2) originals of the
Agreement Amendment attached hereto. Please ensure that the Amendment is attested by
your company's Corporate Secretary, and sealed with your corporate seal. Return the two
(2) original documents to the Purchasing &Contracts Division no later than June 10, 2014.
Upon execution by the City, an original will be returned to you for your records. If you have
any questions, do not hesitate to contact me.
Sincerely,
Keith K. Glatz, CPPO, FCPM, FCPA
'Purchasing and Contracts Manager
Wwwa*d & - - 0 10 & W
7525 N.W. 88th Avenue l Tamarac, Florida 33321.24011 P: 954.597.35701 F: 954.597.3565
EQUAL. OPPORnMITY EMPLOYER
r
City of Tamarac
Purchasing and Contracts Division
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
CARMEUSE LIME & STONE, INC.
The CITY OF TAMARAC (City) and Carmeuse Lime & Stone, Inc. (Carmeuse), a Delaware
corporation, with principal offices located at 11 Stanwix Street, 11 th Floor Pittsburgh, PA
15222, agree to amend the original Agreement as follows:
1. Pursuant to the terms of Section 4. Time of Commencement and Substantial
Completion, of the original Agreement effective November 1, 2011, the City and Carmeuse
exercise the first renewal option for the term November 1, 2014 — October 31, 2015.
2. All other provisions of the original agreement remain in effect as written.
Remainder of Page Intentionally Blank
2
s
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through
its Mayor, and Carmeuse Lime & Stone, Inc., signing by and through its Vice President of
Sales, duly authorized to execute same.
ATTEST:
Patricia A. Teufel, CM
City Clerk ,
./
Date
ATTEST:
l
(Corporafe SeAFetary)
Kevin J. Whyte
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAD(A,PIRAC
Harry D
er, Mayor
�ichael C. Cemech, City Manager
Date
Approved as to form and legal sufficiency:
muel S. Goren, City Attorney
Gz L�4
Date
CARMEUSE LIME & STONE, INC.
signature of vice President of sales
Bruce D. Routhieaux
Vice President of Sales
June 5.2014
Date
3
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through
its Mayor, and Carmeuse Lime & Stone, Inc., signing by and through its Vice President of
Sales, duly authorized to execute same.
ATTEST:
Patricia A. Teufel, CM
City Clerk ,
./
Date
ATTEST:
l
(Corporafe SeAFetary)
Kevin J. Whyte
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAD(A,PIRAC
Harry D
er, Mayor
�ichael C. Cemech, City Manager
Date
Approved as to form and legal sufficiency:
muel S. Goren, City Attorney
Gz L�4
Date
CARMEUSE LIME & STONE, INC.
signature of vice President of sales
Bruce D. Routhieaux
Vice President of Sales
June 5.2014
Date
3
c
City of Tamarac
Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF PPnnmilvania
: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
Bruce D. Routhieaux, Vice President of Sales of Carmeuse Lime & Stone, Inc., a Delaware
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 June , 20_44 .
COMMONWEAL
VANIA
- Notarial Seat
Karen DiCaprio, Notary Public
city of Pittsburgh, Allegheny Pt � 2ItY
11 Mmisslon Expires , �016
RD���^
rrur %fXl� lY A%rr(II fSf 1ClN NOTA7�+�ES
ti
a r of Notar�r Public
State of av�✓s f�'at 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.
0
City of Tamarac
Purchasing and Contracts Division
AGENCY
DELIVERY ADDRESS
ESTIMATED ANNUAL USAGE
TYPE 2 — High Cal Granular
City of Hollywood
Wastewater, 1621 N. 10' Ave., Hollywood, FL 33022
5000
Total Estimated Annual TonnageTonnagel
5000
5
City of Tamarac
Purchasing and Contracts Division
ON