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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-0861 Temp Reso #12065 Page 1 July 27, 2011 CITY OF TAMARAC, FLORIDA s RESOLUTION NO. R-2011-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #11-25B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO, AND EXECUTE AGREEMENTS WITH, CHEMICAL LIME COMPANY OF ALABAMA, LLC FOR THE CITY OF TAMARAC AND AN ADDITIONAL EIGHTEEN 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 11-25B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co-op); and WHEREAS, Nineteen 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 1,450 tons will be purchased for the City of Tamarac, a copy of said bid is attached hereto as Exhibit "A"; and WHEREAS, the City of Tamarac publicly advertised Bid 11-25B, "Furnish, Deliver and Discharge of Quicklime" on the City's web -site and in the Sun - Sentinel on July 6, 2011 and July 13, 2011; and Temp Reso #12065 Page 2 July 27, 2011 WHEREAS, five (5) vendors were solicited; and two (2) complete bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and WHEREAS, Chemical Lime Co. 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 "B"; and WHEREAS, Chemical Lime Co. of Alabama, LLC was deemed the lowest responsive and responsible bidder for the City of Tamarac, and for eighteen (18) members of the Co-op, with a copy of the bid submitted attached hereto as Exhibit "C"; 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 attached hereto as Exhibit "D"; 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, Chemical Lime Co. 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 1 Temp Reso #12065 Page 3 July 27, 2011 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 allow for escalation and de- escalation of material pricing on a quarterly basis, effective October 1 St, January 1st, April 1st and July 15t 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 Utilities and Purchasing and Contracts Manager that Bid 11-25B be awarded to and an agreement executed with Chemical Lime Company 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 eighteen (18) other agencies in the Co-op; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Bid 11-25B 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 11- 25B and execute an agreement with Chemical Lime Company of Alabama, LLC Temp Reso #12065 Page 4 July 27, 2011 for 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 Eighteen (18) 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 11- 25B 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 11-25B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime Company of Alabama, LLC, on behalf of the City of Tamarac and eighteen (18) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. 1 1 1 Temp Reso #12065 Page 5 July 27, 2011 SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Chemical Lime Company of Alabama, LLC as part of said award, a copy of which is attached hereto as Exhibit "E" for prices as shown in Exhibit "B" on behalf of the City of Tamarac and eighteen (18) entities within the Southeast Florida Governmental Purchasing Cooperative. SECTION 4: The award of Bid 11-25B, "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 "F" for prices as shown in Exhibit "B" on behalf of the City of Hollywood, an agency in the Co-op. SECTION 6: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso #12065 Page 6 July 27, 2011 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. r PASSED, ADOPTED AND APPROVED this �L day of 2011. PETER M. J.7 CITY CLERK. PaAt,,- f, L &I, (( PAMELA BUSHNELL MAYOR N, CRM, CMC A M A r E5� Pggg3 O C Ov ```\\� I HEREBY CERTIO tHAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SA EL S. GO CITY ATTORNE RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENS N L' DIST 2: V/M GOMEZ DIST 3: COMM. GLASSz DIST 4: COMM. DRESSLER 1 1 1 No Text SUBMIT BID TO: d CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 ............................ . 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 11-26B BID TITLE: Furnish, Deliver and Discharge of Quicklime BID OPENING DATE/TIME: July 21, 2011 at 2:00 P.M. EDT BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL.: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: Not Applicable to this bid. BONDING: Not required for this bid, ... ........ .-..._.._ _....--- GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC, THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE. BID, OR IN THE. SPCIFICATIONSISTATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'5 STANDARD "TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE, THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE, BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NONRESPONSIVE, ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 Our Vision and Mission Our Vision: The City of Tamarac, our community of choice — leading the nation In quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence. . . Always" it is our Job to !foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulf iment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; In a manner that Improves the overall value of the services that the City provides to Its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of Integrity when dealing with any oll9ce or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these Ideals In the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. INTRODUCTION It is the Intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept 6r reject any or all bids and to waive any informality concerning the bids when such rejection or waiver Is deemed to be in the best interest of the City, The .City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is Issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 0-141 et seq. It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is Issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. Any and all special conditions in this IFB or any sample agreement document that may be In variance or conflict with these General Terms and Conditions shall have precedence over these General Terns and Conditions. If no changes or deletions to General Conditions are made In the Special Conditions, then the General Terms and Conditions shall prevail in their entmcty. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page or this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 become a matter of public record. All Bidders and their representatives are Invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Offfcer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. AA bid forms must be typewritten or completed in ink. The Bidder must Initial any erasures or corrections in ink. Ali bids shall be submitted in the English language. All prices, terms and conditions quoted in the submitted bid shall be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses mated to its preparation. 2. WITHDRAWAL OF BID Any Bidder may withdrew its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 3. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit 2 bids an leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 1111•: h] I Ediel rl itlM iV/ 4_l ii312WMTi Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major Irregularity. and may be cause for rejection of the Proposal. S. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agendas. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that It best serves the Interests of the City. 7. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Fi frrr edcine: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materiaWservices. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88'" AVENUE TAMARAC, FL 33321 954-597-3570 cost for bid evaluation. P : Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form, If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Govemment Prompt Payment Act, F.S. Chapter 218. Payments by Electronic Funds Transfer: For City of Tamarac purchases, vendors must be able to accept and receive payments by direct deposit via electronic funds transfer instead of by paper check. Vendors are strongly encouraged to register to receive all payments by direct deposit. Access the City of Tamarac web -site at hUp://�,tsmarac.org/r�y partm tnW nnndal- $W1221kyMIAsino/register-for-direo:olnosk- Payment.asox for more Information. This requirement may differ for other governmental entities using this contract. 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges shall be included in the bid price. Alternatively, the bidder may list the unit price for material to be supplied, and a separate cost for freight. The City reserves the right to cancel orders or any part thereof, without obligation If delivery is not made at the time specified in the bid. 9. SPECIFICATION COMPLIANCE The Bidder may offer any product which meets or exceeds the specifications for any item(s). Bidder shall submit complete descriptive specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this Information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to take exception to the specification requirements, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to fumish goods identical to the bid standard. 10. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample Is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name, and the type of product provided. The City will not be responsible for resuming samples. The City may require testing of the product by an independent laboratory at the City's expense, however, in the event that a sample product fails to meet the specifications included herein, the City reserves the right to require the Bidder to bear the cost of the testing. 19. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's offlcars and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge In determining Bidders qualifications. 12. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications; the City reserves the right to return the product to the Bidder at no cost to the City. 13. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 14. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, If applicable. Any toxic substance listed in Section 38F-I1.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 15. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 16. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 17. TERMINATION a. DEFAULT: 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 fall 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 moeipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY: The final Agreement may be terminated by the City for convergence, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for conforming products delivered to the City prior 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 toss pertaining to this termination. c. FUNDING OUT: 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. 18. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 19. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. B idder shall be responsible to the City for the ads and omissions of all employees working under its directions. 20. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex. Religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shag agree to post In conspicuous places, available to employees and applicants for employment, notices to be provided by SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 the contracting officer setting forth the provisions of this nondiscrimination Cause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 21. TAXES The City of Tamarac and all members or the Southeast Florida Government Purchasing Cooperative are exempt from all Federal, State, and local taxes. An exemption certificate will be provided where applicable upon request. 22. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 23. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the tern of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severabiiity of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Statutory Compensation & Employer's Liability Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be 'Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability Insurance with, at a minimum, a IImH of $1,0W,000 per occurrence and In the aggregate. "Cialms-Made' forms are acceptable for tonal Liability insurance. CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 24. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actlons, damages, Ilabifity, 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 Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal Injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 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. 25. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employeetemployer 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, induding but not limited to, the application of the Fair Labor Standards Act minimum wage and overtire payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Ad, the provisions of the Internal Revenue Cade, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shell 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 any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, Stab, 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 Miter 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. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be Gable for any obligation incurred by Confradar, Including but not limited to unpaid minimum wages and/or overtime premiums. 26. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City or Tamarac reserves the right to amend this bid prior to the laid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responslole for oral interpretations given by any City employee or its representative. 27. BID TABULATION Bidders may download the bid tabulation directly from the Internet at hMJMrww.tamarac.ora. The City does not notify unsuccessful Bidders of central awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88r" Avr=NuE TAMARAC, FL 33321 954-597-3570 28. RECORDSIAUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting Practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 29. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 30. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 31. VENUE Any Agreement resulting from this solicitation 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. 32. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Forth Agreement document. Bidders shall be responsible for complying with all of the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Bidders shall note any deviation or variance with the Form Agreement document at the time of bid submission. VA INVITATION FOR BID IFB 11-26B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Thursday, July 21, 2011 at 2:00 p.m. EDT (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH, DELIVER AND DISCHARGE OF QUICKLIME The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document, Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.org. For inquiries, contact the Purchasing Office at (954) 597-3570. Sincerely, Keith K. GlaM CPPO, FCPM Purchasing & Contracts Manager Publish in Sun Sentinel July 06, 2011 and July 13, 2011 e-'mrm4TCd to C rc.. „ iaysl... 7525 N.W 88thAvenue I Tamarac, Florida 33321-2401 l P: 954.597.3570 I R 954.597.3565 FWAL OPPORTUNITY EMPLOYER 1, P011, ,"IMINI i GGOPEI,!AflVi� The Invitation for Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative, For the past several years, approximately forty five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items, The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Pur&qayjg j iasii _C�oerative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement, Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor, • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements, • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period, • THE CONTRACTOR(S) SHALL FURNJ$H T14E LEAD AGENCY A DETAILED SUMMARY OF SALES SEMI- ANNUALLY DURING THE CONTRACI PERIOD, SALE$ SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME, THE TOTAL OfEACIA COMMODI-1"Y SOLD DURINGTHE REPORTING PERIOD AND f HE TOTAL DOLLAR AMOUNT" OF PURCHASES BY COMMODITY. • Municipalities and other ciovernmental entities which are not members of the Southeast Florida Governmental PurchasiM Cooperative are strictly Drohibited from utilizinq any contract or ourchase order resultina form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency, • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action, "WORKING TOGETHER TO REDUCE COSTS" '..' . _: ___._.__--- ..,....._.__._----------- .____.............. .......... I...._. ------ ----------------- ..._...-.-_-.- .........__...._.��rrhasinq wind Contracts Divisiar� t gTamarac Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITYISTATEIXIP CONTACT PHONE Broward County Dist.1 3701 N State Road 7 Lauderdale Lakes 33319 W. Rufrm 964/831-4128 Broward County,Dist. 2 1390 NE 51 St. Pam ano Beach 33064 K. Stamand 954/831-4121 City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Roxanne Sookdeo 954/344-1103 CRY of Dania Beach 1201 Stirlina Road Dania Beach 33004 James Baker 954/924-3674 Town of Davie 3500 NW 76th Avenue S4S 111 Davie 33314 Neil Buckerid 954/327-3748 Town of Davie 3790 SW 64th Avenue S4S I Davie 33314 Nell Buckerid a 954/327-3748 City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Jim Bennett 964/480-4370 Cky of Fort Lauderdale 949 NW 38" Street Ft. Lauderdale 33309 Rick Johnson 954/828-78e5 City of Hallandale Beach 216 NW 6th Avenue Hallandale 33009 Hal Elsasser 954/457-1632 City of Hollywood 3441 Hollywood Blvd. Hollywood 33020 Carlos uilera 954/987-4230 City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Afeworki Ghebrehiwet 954/730-2972 City Of Margate 980 NW 66 Ave. Margate 33063 Rich Van Acker 954/972-0828 Cky Of Miramar 2600 SW 65'h Terrace Miramar 33023 Bill Knee 954/805-7773 City of North Miami 12098 NW 11 Ave. North Miami 33168 Wisler Pierre -Louis 305/895-9834 CRY of North Miami Beach 19150 NW 8 h Ave North Miami Beach 33162 Pat Mitchell 305M50-0000 CuOf Pembroke Pines 7960 Johnson Street Pembroke Pines 33026 Michael E. Ponce 964/986-5011 City of Pompano Beach 301 NE 12'h Street Pompano Beach 33060 Leeta Hardin 9507864098 City of Sunrise 4350 S rin nee Drive Sunrise 33351 Jim Dolan 954/572-2424 Citv of Sunrise 15450 Slud emill Road Davie 33331 Dan Buchte 954/434.6900 Cq of Tamarac 7803 NW 61st Street Tamarac 33321 John Fletcher 954/597-3777 U.S. Water (City of North Lauderdale 841 NW 71 Avenue North Lauderdale Gene Riley 9541722-0900 Village of Wellington Pebble 1100 Wellington Trace Wellington 33414 Sean McFarland 001/791-2465 Village of Wellington Granular 1100 Wellington Trace Wellington 33414 Bryan Gayoso 581/791-4039 10 City of Tamarac Purchasing and Contracts Division SPECIAL, CONDITIONS BID 11-25B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply quicklime per the conditions and specifications contained in this document. The contract term shall be for an initial period of three (3) years, beginning November 1, 2011. The City reserves the right to renew the contract for three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities, referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. 2. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in determining a Bidders responsibility, and further reserves the right to declare a bidder not responsible If the history of violations warrants such determination. A complete history of all citations, violations, notices or dispositions shall be submitted with bid. The non -submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of any citation or violation received after the Bid opening date and during the time of performance of any contract awarded to Bidder. Other considerations for award include; A. The ability and capacity of the Bidder to perform the requirements of the bid. B. The availability and quality of the Bidder's product to the required use. 3. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. A. Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, 'Escalation / De- escalation" shown herein. B. In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Raii_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. 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. ..........._._._._................. .___-__ .__. __...----- _is Division City of Ti3mafac Puicha+sin; and ordinc ........Division 11 b. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix B 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: h-4:/I.tonto,eia.dge.gov/oo-q/`infolwohdp/dieseI detail report combined.aso C. Escalation/De-escalation: 1. The Ciy will accept price adjustments on a quarterly basis on January 1 at, April I", July 1 and October 18` 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, Platys 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. 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, 2011, subject to change in accordance with the schedule provided in Section 3.C.1 herein. 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 Special Conditions Section 3.6 "Pricing", herein and utilizing Appendix B to this bid. 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. 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 govemmentlindustry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. BASIS FOR ADJUSTMENT OR REJECTION The City reserves the right to reject, at the Bidder's expense, any shipment that fails to meet the specifications listed herein. The Bidder shall be given twenty-four (24) hours after failure notification to arrange for independent laboratory analysis of one (1) of the retained samples from said shipment. DAMAGE TO EQUIPMENT If it is determined that the Bidder has shipped a product other than that specified, resulting in equipment damage, the Bidder shall assume full responsibility for the cost of repairs. 6. DELIVERY Bidder shall be capable of and agree to the following: 12 . ..................... ... ........................................................................................................... City of Tarnarac Purrhasing and Conti -acts Division 7. 8. 10. A. Delivery 24-hours per day, seven days per week. B. Furnish a weight certification with each shipment. Certificate shall indicate gross, tare and net weights. C. Provide a physical and chemical analysis with each delivery. The analysis shall be certified and performed by a reputable testing laboratory. A one (1) pound airtight sample must accompany each shipment. D. Deliver to the designated facilities and discharge product pneumatically into the specified storage tank. E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. INSURANCE Bidders shall submit copies of their current insurance certificates with the bid. Failure to do so may cause rejection of the Bid. REGULATORY COMPLIANCE The Bidder shall submit a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). SECURITY The awarded Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. All personnel shall check -in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor shall not admit any unauthorized personnel onto any work site. Vendor will not release, discuss or share any Information on systems, equipment and/or operations, to any non -City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Contractor shall be held responsible for complying with these procedures. City of Tamarac Purchasing and Contracts Division TECHNICAL SPECIFICATIONS BID NO. 11-25B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Type 1: Pebble lime, bulk must be in accordance with Standard American Water Works Specifications B- 202-02. The following requirements and testing procedures are applicable. (A) Slaking -Rate Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Conten( Shall contain a minimum of 92% free lime. (C) Residue After Slaking Residue shall not be more than 2% by weight on 100 mesh sieve. (D) Semolina Procedure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten -pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event of a dispute. City will use the final quarter in the event of a dispute. (E) Testing Procedures 1. Slaking Rate As covered in AWWA Specifications, B-202-02, Section 5.4. 2. Calcium QxIge As covered in AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After Slaking As covered in AWWA Specifications, B-202-02, Section 5.5. (F) Two Pebble Sizes Required_(Agency to specify) 1. Pebble size shall be between 1/8" and 3/8". Pebble size shall be between 3/8" and 1/2". 14 City of Tamarac Purchasing and Contracts Division Type 2. HI -Cal, Granular lime, bulk. The following requirements and testing procedures are applicable. (A) React' . Reactivity per ASTM C-110: 30 Second Reactivity: 20 degrees Centigrade average. Three (3) minute reactivity: shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Content Shall contain a minimum of 92% free lime total, and a minimum of 87% available CaO, per ASTM C-25 method. (C) izin Granular product U.S. sieves size 0" x 1/8". Hulk density average of 63 lb. per cubic foot. Remainder of Page Intentionally Blank City of7amamr. Purchasing and Contracts Division BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 11-25B Submitted by: (Bidder) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 8e Avenue Tamarac, Florida 33321 (Date) 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. city of 1 aillarac Purchasing and Contracts Division BID FORM BID NO. 11-25B (continued) We propose to furnish the following in conformity with the specifications. The bid prices quoted are certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Rail and Truck fuel surcharges are not included on the spreadsheet below, and will be invoiced as separate line Items per the requirements outlined in Section 3, "Pricing" of the Special Conditions herein. To assure continuity of supply, it is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to award the bid on a split order basis, lump sum (preferred) or individual item basis unless otherwise stated. AGENCY DELIVERY ADDRESS ANNUAL USAGE PEBBLE SIZE PRICE PER TON FREIGHT CHARGE TOTAL COST DELIVERED TYPE 1 — Pebble Lime Broward Coun Dist. 1 3701 N State Road 7 2.500 118 — 3/8 Broward County Dist. 2 1390 NE 51 St. 4,800 1/8-3/8 9!!y of Coral Springs 11 3800 NW 85th Avenue Coral S rin s 2,000 1/8-3/8 City of Dania Beach 1201 Stirling Road Dania Beach 637 118 — 3/8 Town of Davie 3500 NW 76th Avenue Davie 766.5 1/8-3/8 Town of Davie 3790 SW 64th Avenue Davie 465.4 1/8-3/8 City of Deerfield Beach 290 Goolsby Blvd. — West Plant, Deerfield Beach 1524 1/8-3/8 City of Deerfield Beach 150 NE 2"d Ave. 102 1/8-3/8 City of Fort Lauderdale 949 NW 381' St., Ft. Lauderdale 11,500 118 — 3/8 City of Hallandale 2 215 NW 6th Avenue Hallandale 2,176 1/8-1/2 City of Holt vod 3441 Hollywood Blvd., Hollywood 2,482 1/8-3/8 City of Lauderhill 2001 NW 49th Avenue, Lauderhill 1,570 3/8-1/2 Ci Of Ma ate 980 NW 61P Ave Mar ate 2,600 1/8-1/2 City Of Miramar 2600 SW 661" Terrace Miramar 1,000 118 — 3/8 City of North Miami 12098 NW 111' Ave North Miami 1,440 1/8--3/8 City of North Miami Beach 19150 NW 8t' Ave, Miami Gardens 2,500 1/8-1/2 City Of Pembroke Pines 7960 Johnson Street Pembroke Pines 4,500 1/8-3/8 City of Pompano Beach 301 NE 12th Street, Pompano Beach 2,500 1/8-3/8 Ci of Sunrise 4350 S rin tree Drive, Sunrise 3,600 1/8-3/8 City of Sunrise 15400 Sludge Mill Road Davie 360 1/8-3/8 City of Tamarac 7803 NW 61at Street Tamarac 1,350 1/8-3/8 U.S. Water (City of North Lauderdale 841 NW 71" Avenue, North Lauderdale 650 118 — 3/8 Village of Wellington 1100 Wellington Terrace Wellington 1,175 118 — 3/8 TYPE 2 -- HI CAL Granular 3 City of Hollywood Wastewater, 1621 N14th Ave Hollywood 5,400 Granular Village of Wellington 1100 Wellington Terrace Wellington 240 Granular Total Annual Tonnage- 57,838 City of Tamarac Purchasing and Contracts Division 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) Hollywood — Wastewater Plant — and Village of Wellington Utilizes Hi -Cal Granular Quicklime (Type 2). (See specification for Hi -Cal Granular herein.) Authorized Signature Authorized Signature Typed/Printed Name 18 City of Tamarac, Purchasing and Contacts Division BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 11-25B Continued Bidder's Name: NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: % DAYS: Deliveryloompletion: calendar days after receipt of Purchase Order IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOVANG INFORMATION: Please Indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. of Tamarac Purchasing and Contracts Division BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Properly fill out the Bid Form. ❑ 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non- responsive. ❑ 5. Fill out the Bidder's Qualification Statement. ❑ 6. Fill out the References page. ❑ 7. Sign the Vendor Drug Free Workplace Form. ❑ 8. Fill out the List of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. ❑ 10. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 20 City of Tamarac Purchasing and Contracts Division REFERENCES 21 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation for Bid, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery at no charge to the City. Replacement by the bidder shall be made within thirty (30) days of the rejection of any products. Furthermore, the undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t" Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Authorized Signature Typed/Printed Name PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ Company Name 04 BIDDER'S QUALIFICATION STATEMENT Please provide the following Information as a part of your bid submittal. Failure to provide the information requested, or failure to provide accurate and correct information may result In the rejection of your bid. Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated?: List former address(es) of that business (if any): 4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 8. Has your company ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain: (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: 23 CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in -accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding -upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 2A (SEAL) Secretary Corporate Title NOTE; By: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 24 NON -COLLUSIVE AFFIDAVIT State of _ ) County of BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT: He/she is the (Owner, Partner, Officer, Representative or Agent) of the Proposer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: VVdness Witness 25 0 Printed Name Title ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 26 City of Tamarac Purchasing & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug - free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDEEMG& TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -Tree workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug - free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drag counseling, rehabilitation, & employee assistance programs, and penalties that may be imposed upon employees for drag abuse violations. Give each employee engaged in providing commodities or contractual svcs., that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through Implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name City of framarac Purchasing & Contracts Division SWORN STATEMENT PURSUANT TO SECTION 2S7.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for , 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entity of a plea of guilt or nolo contenders. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 28 of Tamarac Purchasing & Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) City of Tamarac. Purchasing & Contracts Division F-T9K4i1@M11I;4 Ole ''L4` k State of Florida County of On this the day of , 20—, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath APPENDIX A CONTRACTOR PASS REQUEST Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities Name (Attach copy of Picture Identification for all persons listed) to be Performed 31 APPENDIX B 2011 TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate far 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 US Average Diesel Price published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: Percentages change .5% for every $0.05 per gallon price change DIESEL FUEL PRICE FS = C/o 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% SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of , 20, _ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and , a corporation with principal offices located "Contractor") to provide for (the 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. 1125B, "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 Contractors bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract Exhibit A, which is a schedule of delivered pricing for individual delivery locations. 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. 11-25B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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 1125B, "Furnish, Deliver and Discharge 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. 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 11-25B), with photo identification of all personnel authorized to be on premises at City delivery skes. 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, 33 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 anylall 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, 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. 4) Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2011 through October 31, 2014. 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. 6) Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (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. 11-25B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract. Pricing shown in Contract Exhibit A, shall be firm for the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De- escalation" shown herein. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, "Escalation / De- 34 escalation" shown herein. 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 Truckina 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 Appendix B 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.ela.doo,gov/000/info/wohdR/diesel detail report combined.asg 5.3 EscalatioDg ICa ation: 5.3.1 The City will accept price adjustments on a quarterly basis an January 1"t, April 11t, July 1"t and October 1"' 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, 2011, subject to change in accordance with the schedule provided in Section 3.C.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 #11-258. 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 governmentfindustry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 8) 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 11-25B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI1; Chapter 218. 7) CONDITIONS OF MATERIALS 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. 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 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employeetemployer 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: ClTy 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 37 CONTRAQTOR 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. 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 parry. 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) Severabillty; 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-enibrcement 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. 39 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 duly authorized to execute same. F."I *1JI Peter M.J. Richardson, CRM, CIVIC City Clerk Date CITY OF TAMARAC Pamela Bushnell, Mayor Date Michael C. Cemech, City Manager Date Approved as to form and legal sufficiency: City Attorney Date ATTEST: Company Name Signature of Corporate Secretary Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date G STATE OF _ COUNTY OF CORPORATE ACKNOWLEDGEMENT :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 of , a 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_, 20 411 Signature of Notary Public State of Florida 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. ' ) 6b Oven 020 0vm 2 0'� 0� a 1 wW tdNi mq vN cd a a� A Q U dm ry m �i "� r d © n p? rn m rn cv m rn m m m m o w rn m rn m rn a�i �iYi rn rn ry W N N N ry N N N N ry N N N ry N ry N N N N N N N N Q J pw � F- bi 1/f 1✓! Wl fn l/Y fF N N (ir WI W fA fN � lA ✓) A/l l/1 tri 4A � (�! 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Vk G/1 W1 fA fJY rJi l/Y 4f fA N u1 1p Li 41 N m ul to N 47 N !p of Ily w a ro cd ai w a cn s ao rr m m rr w cri r� r> ui r> ai m rn A 2 2 ti ud o U Q a upi ur lino ww>!n lnwwyrw - - -ur In yr Syr w +n wr gwo�u>rn w U7 co m w m m w ro a ro W a L° a m C7 C9 W pp pp p pp©y p �j N N N w ry V: N m N �^ 4] ryry C � m rn w C1f D N SI a> !0 a `4i rng E a Eu>� rip` 6 W di m m a T ui LL A w c I w m C N 'S .. W o a L m 65 !�1 M � m�N Q�i n m E � c y m It U in CI yy Ql m y N mrc y L O OOry U O .� 9r N `yam C x of N epn U y I li '2 C1 N A 6 C] 4 pg1� itl S O ��p O O j w W '}u p V U a L7 O LL T T J_ Z Z a Cl, V] u] Wes- p m !~A U !LLaLMLu 0 C3 i V V U M U U U 3 3 U U U S Cajo5 Lhoist July 14, 2011 North Am erica Lhoist Group Mr. Keith K. Glatz, CPPO Purchasing and Contracts Manager City of Tamarac 7525 NW 88"'Avenue Tamarac, Florida 33321-2401 Dear Mr, Glatz, This letter is in accompaniment of our proposal to provide various lime products to Tamarac and the members of the Southeast Florida Purchasing Cooperative relative to your Invitation for Bid, designated "BID 11-25B", Lime Base Prices ("Price per Ton" column) and Freight Costs (rail, transfer and truck freight combined in the "Freight Charge" column) for Tamarac and the members of the Purchasing Cooperative are shown on the second page of the Bid Form, Page 17 of the Bid Documents. Rail and truck fuel surcharges are applied in accordance with the provisions of the Bid Documents and are also included in the "Freight Charge" column. The Price Change Formula is included with our submittal as Attachment A, and we have added the Rail Fuel Surcharge Policy to Appendix B as instructed. The Base Prices for lime used in the Price Change Formula (Attachment A) are presented on the second page of the Bid Form (page 17) in the "Price per Ton" column. Our Proposal provides pricing for lime effective November 1, 2011, firm through December 31, 2011. The Proposal then provides for an initial quarterly price change effective January 1, 2012. Prices would change quarterly thereafter in accordance with Attachment A and other procedures included in the bid documents. Thank you for sending LHOIST/Chemical Lime your request for bids. We are planning to attend the bid opening to be available to answer any questions you may have relative to our submittal. As always, your business is appreciated at LHOIST/Chemical Lime. Very truly yours, LHOIST/Ch mi irne Company, LLC 3 hn L. Thompson Attachments(3) Franklin Industrial Minerals .9020 Ovedook Blvd, Sude 200 grentmod, RV 37027 Phone 61ri 2,59-1222 I Cf Tamarac �.�.� � ._._._ Y_._. Pumhasing and CoMrsds lion BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 01. Carefully road the General Terms 8 Conditions, Special Conditions and the General Requirements. Q 2. Properly till out the Bid Form. nJ 3. Fill out and sign the Non -Collusive AMIdav t and have it property notarized. [� 4. Sign the Certification page. Fdlure to do so will result In your Bid being deemed non- responsive. 5. Fill out the Bidder's auaidflcation Statement. Q 8. Fill out the References pegs. 7. Sign the Vendor Drug Free Workplace Form. 1218. Fill out the List of Subcontractors. 129. Fill out and sign the Certified Resolution. [2110. Submit ONE (1) Original AND TWO 12) PhoUmpdes of your bid, clearly marked with lire BID NUMBER AND BID NAME on the outside of the package. Make suns your Bid is submitted PRIOR to the deadline. Late Bids will no be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 20, ■� : / " � > � � & e Issued on behalf of the Utilities Department Cif of Tamarac Purchasing& Contracts Division 7525 NW 88® Avenue Room ]OB Tamarac, Florida 33321 401 (954) 597 570 CITY or- TAMAI'-IAC PURCHASING AND CONTF,ACTs DIVISION 7525 NW 88"' AvENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder AcknowledS!ement BID NO., 11-25B 131D TITLE: Furnish, Deliver and Discharge of Quicklime RID OPENING DATE/TIME: JI-Ily 21, 201 *1 at 2:00 P.M. EDT BUYER NAME-. Keith K. Glatz, CPPO BUYER PHONE: 954.-597-3567 BUYER EMAIL: kejthg@tatTiarac,org PRE -BID CONFERENCEISITE INSPECTION: Not Applicable to this bid. BONDING: Not required for this bid. GENERAL CONDITIONS THESE INS1RUCTIONS ARE STANDARn rOR AIA nit.)s raR commoniTIESISERVICES ISSUED 13Y THE CITY OF TAMARAC. THE CITY or TAPAARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH (3HANGE IN THE INSTRUCTIONS 10 BIDDERS, IN THE SPECIAL CONDITIONS OF THE BID, OR IN THE spzarICATIONSISTAIEMENT OF WORK. ANY AND All. SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SMALL PREVAIL OVER TFiESE GENERAL, GONOrrIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR S r;TANDARD TERMS AND CONDITIONS REGARDLESS OF ANY 1ANGLIAGE, 114 VF'NI)OR*,q DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD 13E EXECUTED AND SUBM11TED W11+1 ALL Bit) FORMS IN A SEALED ENVELOPE. THE FACE-: OF TI* E'NVE OPE SHALL CONTAIN THE A13OVI: ADORLSS, THE BID NUMBER AND 'ri-iE BID TITLE. BIDS 1401' SUBMITTED ON THE ATTACHED Bit) FORM MAY BE DEEMED NOWRESPOW$IVE», ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN, THosE BIDS THAT 00 NOT COMPLY WITH THESE CONDITIONS MAY BE DFEMED NON -RESPONSIVE BIDDER COMPANY NAME: Chemical Lime Company of Alabama, LLC COMPANY ADDRESS: 4720 Cleveland Heights Boulevard, Ste 203 Lakela COMPANY PHONE: all-.a4� 0 10 NAME OF AUTHORIZED AGENT: John L. Thom son TITLE OF AUTHORIZED AGENT: Florida Sales Manager BIDDER TAXPAYER ID OR SOCIAL SECURITY N SIGNATURE OF AUTHORIZED AGENT: M City of 7amarac IPurchasinV and Conlmda Division BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 11-25B Submitted by: Chemical Lime Company of Alabama, LLC 07 / 14 / 1 1 (Bidder) (Date) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 8e Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter Into an agreement with the City to perform and fumish all Work as specified herein for the Contract Price and within the Contract Period Indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within f fleen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, Wally, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that It has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and Is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or Indirectly Induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for Itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 18 City of tama1nc Purchasnio and Contracts Division BID FORM BID NO. 11-25B (continued) We propose to furnish the following in conformity with the specifications. The bid prices quoted are certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Rail and Truck fuel surcharges are not included on the spreadsheet below, and will be invoiced as separate line Items per the requirements outlined In Section 3, "Pricing" of the Special Conditions herein. To assure continuity of supply, it is the Intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to award the bid on a split order basis, lump sum (preferred) or individual item basis unless otherwise stated. AGENCY DELIVERY ADDRESS ANNUAL USAGE PEBBLE SIZE PRICE PER TON FREIGHT CHARGE TOTAL COST DELIVERED TYPE 1- Pebble Lima Broward CouEU Dist 1 3701 N State Road 7 21100 Ire - 3/8 91 .1 q229.85 Broward CouM Dist 2 1390 NE51 St. 4800 1/8-3/8 38.75 91 .1 229.85 City of Coral Springs 1 3600 NW 85th Avenue Coral Springs 2 000 118 - 3/8 1 7 91 .1 2 2 9.8 5 C& of Dania Beach 1201 StidlEg Road Dania Beach 637 1/8 - 318 138075 91.10 229.85 Town of Davie 3500 NW 76th Avenue Davie 766.5 1/8-3/8 138.75 91 .10. 2.29.85 Town of Davie 3790 SW 64th Avenue Davie 465.4 1 /8 - 3/8 138.75 91.10 229.85 City of Deerfield Beech 290 Goolsby Blvd. - West plant, Deerfleld Beach 16244 1/0-3/8 138.75 ' 91.10 229.85 Ay of Deerfield Beach 150 Nei 2 Ave. 102 118 - 318138.75. of Fort Lauderdale Iof 949 NW 300 St. Ft Lauderdale 11,500 1/8 - 3/8 3 8.7 5 ky_of Hallandale 2 215 NW 8th Avenue Hallandale 2178 116 -1/2 138.75 9121 229 8 5 Hol 3441 HolhnMW Blvd., Ho 2,482 1/8 - 3/8 138.75 91.1 229.85 CIIX of Lauderhill 2001 NW 49th Avenue Lauderhill 1 570 318 -1/2 138.75 91.10 2 2 9 .. 8 5 City Of Ma ate 980 NW Be Ave Ma ale 2 5W 1/8-1/2 1 38. 75 Ci Of Miramar 20M SW WTerrace Miramar 1 000 1/8-3/8 1.38.75 9.1 10 229J5 City of North Miami 12098 NW 11'h Ave North Mleml 1440 1/8-m 138.75 91.92 230.67 City of North Miami Beach 19150 NW e Ave, Miami Gardens 2,500 1/8-1/2 138.75 91.92 230.67 City Of Pembroke Pines 7980 Johnson Street Pembroke Pines 4 500 1/8-3/8 138.75 91 .1 d 229.85 city -of Pompano Beach 301 NE 12th S Pom no Beach 2 600 1 /8 - 3/8 138.75 91.101 229.85 CRY of Sunrise 4350 Sedrigbee Drive, Sunrise 3,800 1/8 - 3/8 138.75 91 1 229.85 Cityof Sunrise 15400 Sludge Mill Road Davie 360. 1/8-3/8 118. 7 5 C of Tamarac 7803 i hV 61 st S Tamarac 1,360 1/8-3/8 138.75 91 .1 229.85 U.S. Water (City of North Lauderdale 841 NW 71" Avenue, North Lauderdale 656 1/8 - 3/8- 138.75 1 1 229 8 5 Ila a of Wolin n 1100 Wallin ton Terrace "Wefltn tan 1,175 118 - 318 138.75240.02 TYPE 2 - Hi CAL Granular 3 Cityof Holl WastewaM. 1621 N14th Ave Holt d 5 400 Granular 13 8.7 5 12 6.8 2 6 5.6 4 Village of Wei lln ton 1100 Welffi n Terrace VM n 240 Granular 1 7 5 12 2.0 260 .8 0 Total Annual Tonna a 67,838 17 City of Tamarac Mirchasinrg and Contracts Division Delivery Location Special Conditions- (1) Coral Springs — Must deliver between 8:00AM 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) Hollywood — Wastewater plant -- and Village of Wellington Utilizes Hi -Cal Granular Quicklime (Type 2), (See specification for Hi -Cal Granular herein,) Authorized Signature A horized Signature John L. Thompson Typed/Printed Name Purchasing and Contracts Dlvisicx) City of Tamarac _,.__......M...--.-----_.._-_.�...._..._._..___..._,.,_...�._—•------_ .—�_�...w BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 11-258 Continued Bidders Name: -rhmnj Cal TA M& Cnmp= of-alabama, LLC NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shelf be deemed non -responsive and ineligible far award. TERMS: $ % DAYS: 30 Delivery/completion: 2 calendar days after receipt of Purchase Order IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate resson(s) why a Bid Proposal Is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. NA City of Tamarac Airchasing and Contracts Division ...... .................... .......... I ------------- REFERENCES Please Ist government agencles andfor prIvele lime with whom you have done business who uIllized a similar scope of services to the City of Tamarac requirements during the post No years: Your Company Name Chemical.Lime .Co LLC Address 4720 Cleveland Heights Blvd., Suite 203 ------ .......... City state Zip Lakeland, -Florida 33813 ----------------- Agency/FIrm Name: .City -of -Naples . ............... Address -735--8.th.................................... City State Zip -UuIas ..... Florlda-34-102 ........... —.- ....................... Phone/Fax --239-21 ......... ....... . ...... Contact Name -Janir-e-Vermillion ...... CUB......_..., ... . ........ .... - ------ Agency/Firm Name: Palm Beach. County..._. .............. Address City State Zip Xe st.,.PiUm -Reach,.- Florida...33.4-15............ Phone/Fax -5,61=6-1-6�-68=-- Contact Name Tammy_ hA&j.p.g--dwUAgRX . . . . . ....................... Agency/Firm Name: cl-ty-.0f.-Lakeland .................. - ----------------------------- - ---- Address est1 150WBella Vistq -- - - ------------ _gtte%t CRY State Zip Lakeland Lakeland Florida 33805 Phone/Fax 6 - 834-6750 Contact Name Don Hardies Agency/Firm Name: _. Orlando --------- . . . ...... Address -1.515 City State Zip ...... . ------- Phone/Fax Contact Name . .. . . . .. ......... ... Agency/Firm Name: ..C.ity--of . Marco.. Island. ... .... Address --- 50.. Bald.. Eacile Drive City State Zip Marco ........... ­­­_­­-- - -------- ----------- Phone/Fax -54 . ...................... .............. ...... Contact Name .-mr-.-Bab ... czai-ghtan . .......... . . . . . . . ...... ............. CERTIFICATION THIS QQCyMgNJL4UST BE SUBMITTED KqTH TIME P"ROE-0914L We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, Including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation for Bid, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery at no charge to the City. Replacement by the bidder shall be made within thirty (30) days of the rejection of any products. Furthermore, the undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 881" Avenue Tamarac, (Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER 4Athorized LLC - Limited Li4j2ility CompanyChemical Lime. Company of Alabama, LLC SignaturP Company Name John L. Thompson Typed/Printed Name BIDDER'S QUALIFICATION STATEMENT Please provide the following Inoormation as a part of your bid submittal. Failure to provide the Information requested. or failure to provide acmirate and correct infonnallcm may result In the rejection of your bid. Name of Company Chemical Lime Company of Alabama,_ LLC Address 4720 Cleveland Heights Boulevard, Dte 203 City State Zip Lakeland,, Florida _33813 _ Telephone 877-644-9010 Fax Number 863-644-9030 1. How many years has your organization been in business under its present name? 60+ Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: NA 3. Under what former name(s) has your business operated?: NA List former address(es) of that business (if any): NA 4. Are you Certified? Yes E] No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes 0 No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No If Yes, explain: _ _NA 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer of the commodities/services bid upon? 8. Have you ever received a contract or ajpurchase order from the City of Tamarac or other governmental entity? Yes E] No E] If yes, explain: (date, service/project, bid title etc.) contract fnr the_ "Furnish, Deliver & Dt-hchA&na of _ quicklime" - from 2006 to present_ „ 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ® If yes, explain: 10. Have you ever been debarred or suspended from doing business with any govemmental entity? Yes ❑ No Q If yes, explain: 23 Search results You may choose to Company Name Category Name Link to File CHEMICAL LIME CO prinking Water Treatment Chemicals F�pP6-Mtfi7,,9,p Model number information Is not published for all product categories, If you require information about a specific model number, please contact G.u...stnmer 5,er.,ice for further assistance. g.pyr1gli1V 2011 Underwriters Laboratories Inc, CITY OF LAKELAND 2010-2011 BUSINESS TAX RECEIPT Business Tax Office, 228 S Massachusetts Ave., Lakeland, FL $3801 THIS BUSINESS TAX RECEIPT EXPIRES SEPTEMBER3,2011 RECEIPT NO:00270 Account Number: 1332840 Ruminem ClassiHcat 201 am Cateaonr jaYeOtlly Workers: 2 BUSINESS OFFICE 3000 1 Square e: Footag1300 Fee: 104.75 Location Address . 4720 CLEVELAND HTS BL #203 This business tax receipt dams nW permh i e holder re operate in 1�liQIIl 1S A Malibu Address'` _ violation of any city law, ordirom or regrdaticn My ohanga in toastion or ownership met be approved by the City Business Tax CHEMICAL LIME COMPANY OF'ALABAMA INC Receipt Section sL&IM to zonft restrictions. This Business To DAVE REILLY, CEO Receipt does net coneMhrte an andorsew" approval or disapproval of the holders slab or competence or of the 4720 CLEVELAND HTS BL 003 wmpiiance ar na o mplierm or the hoider with aher laws. LAKELAND, FL 33813 RECEIPT MUST BE CONSPICUOUSLY DISPLAYED IN YOUR PLACE OF BUSINESS VALID ONLY WHEN SIGNED PLEASE SEE ATTACHED. CERTIFIED RESOLUTION 1, (Name), the duly elected Secretary of (Corporate Tide), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held ln,accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVE© THAT I (Name)°, the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, If such bond is required, to the City of Tamarac and such other Instruments in writing as may be necessary on behalf of the said corporation; and that the: Bid, Bid Bond, and other such instruments signed by him/her shall be binding,upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected In relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution Is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20— (SEAL) Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 24 MaLhoist North Amefica io hoist Group July 15, 2011 Mr. Keith K. Glatz Purchasing and Contracts Manager City of Tamarac 7525 NW 88"' Avenue Tamarac, FL 33321 Re: Chemical Lime Company of Alabama, LLC/Chemical Management Co., Inc. Signature Authority Dear Mr. Glatz: Please accept this letter as authorization for Mr. John Thompson, regional sales manager of our company, to sign documents on behalf of one or both of the referenced companies in connection with City of Tamarac Bid No. 11-25B entitled "Furnish, Deliver and Discharge of Quicklime," If further confirmation is required, please contact the undersigned. Very truly yours, 6, Altev-� Kenneth E. Curtiss Secretary cc: Mr. John Thompson Chemical Lime Company of Alabama, LLC P,O. Box 985004, Fort Worth, Texas 76185-5004 3700 Hulen Street, Fort Worth, Texas 76107 Phone. (817) 732-8164 (800) 365-6724 Fax- (817) 377-3107 CERTIFICATE OF INCUMBENCY The undersigned, Kyle Kolde, hereby certifies that he is the duly authorized and acting Vice President and Chief Financial Officer of Chemical Management Co., Inc., a Nevada corporation, and of Chemical Lime Company of Alabama, LLC, an Alabama limited liability company, and further hereby certifies that, on the date hereof, the individual identified below holds the office set forth opposite his name for both the said Chemical Management Co,, Inc. and Chemical lime Company of Alabama, LLC, and the signature set forth opposite the name of such individual is his genuine signature. Name Office Signature Kenneth E. Curtiss Secretary This Certificate of Incumbency is being provided to the City of Tamarac, Florida in connection with Sid No. 11-256 entitled "Furnish, Deliver and Discharge of Quicklime.,, IN WITNESS WHEREOF, I have hereunto subscribed my name as of the 15"' day of July, 2011, By. Kyle Koldepice President and Chief Finan ial Officer NON -COLLUSIVE AFFIDAVIT State of _Florida } ) ss. County of Polk Jahn L. Thompson BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT: 1, He/she is the Florida Sales Manager , (Owner, Partner, Officer, Representative or Agent) of Chemical. Lime Company of AL, LLC the Proposer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By 1�", Witness ohn L. Thompson Witness Printed Name Florida Sales Manager MM 25 ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Polk On this the 14 day of July , 2011 , before me, the undersigned Notary Public of the State of Florida, personally appeared John L. Thompgan and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: � w�rr My00MMIS"I►GU89 W EXPIRES: Septarrjer I T 2013 B=W Thro NoWy POW Umtfwrkers "" ` �`•IN go] •" A" Elizabeth A. Hart (Name of Notary Public: Print, Stamp or Type as Commissioned) U Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ® DID take an oath, or 0 DID NOT take an oath 26 Cuy of Tamar r Ptsrchas)rcq & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal caddying they have a drug - free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTIC 1. TIE - Preference may be given to businesses with drug -free workplace programs. Whenever twD or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process, Established procedures for processing tie bids will be followed If none of the tied vendors have a drug - free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, & employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing commodities or contractual svcs., that are under bid a copy of the statement specified in subsection (1). In the statement specked In subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter $93 or of any controlled substance law of the United States or any state, for a violation occurring In the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program K such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through 'mplementation of this section. As the person authorized to sign the statement, I certify that th' or lies fully with the above requirements. Chemical. Lime Company of AL, LLC Au orized Signature Company Dame City of Tamarac Purchasing & Contmcts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(8), FLORIDA STATUTE, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. 1 1-25B to the City of Tamarac for, Furnish Deliver & Dischsar_g a nf, ,Qui nkl i mra 2. This sworn statement is submitted by Chemical Lime Company of AL LLC (Name of entity submitting mom statement) Federal Employer identification Number(FEIN) 63-1002780 (If the entity has no FEIN, include the -Social Security Number of the individual signing this sworn statement: 3. My name is John L. Thomn n (Print name of individual signing) My relationship to the entity'named above is Florida Sales Manager r„ 4. 1understand that a "public entity crime" as defined in Paragraph 287.133(1)(9). EIodda Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, Including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation, S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statuft means a finding of guilt or a conviction of a public entity dime, with or without an adjudication of gullt, in any federal or state trial court of record relating to changes brought by indictment or information after July 1, 1989, as a result of a jury verdict, norHury trial, or entity of a plea of guilt or nolo contendere. 8. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida %gMtes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,. executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or Income among persons when not for fair market value under an arm's length agreement, shall be a prima fade case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. K;3 City of Tamarac Purchasing & Contracts Division 7. 1 understand that a "person" as defined In Paragraph 87.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on Information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) RNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989, ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN 'SECTION 287.017, FLORIDA §IATIUIE9 FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. A n f4-- ' (Signature) July 14, 2011 (Date) 29 City of TaInar,*ac Porchas+n{, A Contracts Division ACKNOWLEDGMENT State of Florida County of Polk On this the 14 day of July ___ _, 2011 , before me, the undersigned Notary Public of the State of Florida, personally appeared John L. Thompson and (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal, NOTARY PUBLIC �... SE FVX"� .11 $t[IN N DO 8M5 Thee the PL#* IJw"brs f �I .� �► PUBLIC, STATE OF • '" Elizabeth A. Hart (Name of Notary Public: Print, Stamp, or Type as Commissioned) ® Personally known to me, or ❑ Produced Identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath APPENDIX A CONTRACTOR PASS REQUEST Vendor Name: Commercial Carrier Logistics, LLc Vendor Address: Vendor Contact Name: Frank Power Vice President Sales V-Marketincl Vendor Contact Phone Number: 863-967--1 100 x 6814 List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed) Work to be Performed �- ., .- 0„- .5.-. _. ._ . Dominclo. �_- __ •.. 31 APPENDIX B 2011 TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight robe 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 or Energy's US Average Diesel Price published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following webste: • Percentages change .5% fnr every $0.05 per gallon price change DIESEL FUEL PRICE FS a % OF DIESEL FUEL PRICE FS - % OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE 11.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.60% $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 16.60% $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 8.00% $3,55 18.50% $2.36 6.50% $3.60 19.00% $2.40 7.00% $3,65 19.50% $2.45 7.50% $3.70 20.00% $2.60 8.00% $3.75 20.50% $2.56 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% $2.85 111.50% $4.10 24.00% . $2.90 12.00% 4.15 24.50% $2.95 12.50% $4.20 25.00% r( MEMO ICJ Chemical Lime A fMil CnmV CMWPxy To: Oliver Booth Logistics Phone: (205)402-15b3 CC: Pam Page Date: Feb 26, 2010 John Thompson Elizabeth Hart From: Carleen Schaefer Ref: Logistics Manager, East Subject: Rail Fuel Surcharge Oliver this is an update to the CSXT mileage based fuel surcharge (FSQ. The railroads change the actual miles on a yearly basis based on whether they have added or taken away various lengths of track. All of our terminals are charged the rail miles from origin to destination and the only portion that changes is the amount charged per mile. You can log onto the CSXT website at .//shi x.00rnl i _njnK AujvEgMblic.Nel&jKg9Lmhj@9&Ato determine what the current charges are and what the next month's charges will be. The following are the updated miles between our O'Neal plant and our Florida terminals: • O'Neal to Nichols, FL is 608 miles • O'Neal to Brooksville is 656 miles + O'Neal to Bartow is 617 miles • O'Neal to Ft Lauderdale is 796 miles • O'Neal to Matco is 761 miles Note: Please remember that since we only average 98 tons per rail shipment, we must multiply the miles times the coca per mile then divide that total by 98 to arrive at a cost per ton. Sincerely, Carleen Schaefer Logistics Manager, East i CaUs Rail Fuel Surcharge Computation for Chemical Lime • Access: http://shitacsx.com/public/ec.shipcsxpublic/Main?moduleEpublic.fuel&target=blastfax This will pull up the following: HDF Fuel Surcharge Shfts Report The ralla*;ing informaban relates to CUT Fuel Surcharge Publicabon_M-1-R. The icurrent HDF fuel surcharge. etfecth-v July 1. 2811. is U cents per mile_ The fuel surcharge scheduled to belmme etfe rim August 1. 2011. is 49 cents per mile. Histana data can be Ae*;ed in theUhel saMame ar hs - f Fuel Sul*ar" i t';ffft EMN*m Daft Per Bibs R9' 1:;11 TBD HDF Mg. i------- Price $Wdlars+e ( cents Per StEd,s I eaNar+ ` Basis MGM. 2011 Future 393.3 June 2011 TED TED I July2011(M) " The refer►lnoed DOE -BA publication can currently be found at %%weia doe Qay . on the home page seled 'Pebuteum_" under `Prices" seled "WeeMy Retail Gasoline and Diesel Prices:"far the "Area" seled'U.S.:"for the 'Period" select 'Venthlg:"then reiertothe data on the line entitled "Diesel (00- -lig#r*SFp " F,retrllhly data is normally published Memesday after the last Uonday of a gken month_ To calculate the rail fuel surcharge amount, locate cents per mile on chart above and multiply that number by 796 (miles from Oneal, Alabama to Chemical Lime — Ft. Lauderdale, Florida) then divide by 98 (average tons per railcar). Example given for July: $0.52 x 796 = $413.92. $413.92 / 98 = $4.22. This amount will be included in the base contract lime price and will be updated quarterly (with corresponding true -ups to be processed at the end of each quarter). Via'- CERTIFICATE OF LIABILITY INSURANCE THIS 0BR7IPICATE JB Ia9 W A$ A MAITT®a OF INPORMA7,ON ONLY AM CONMW NO WMHTB UPON THE CERTIFICATE HOLDER. 77OB CURTI1+lOATE DO® NOT AM M W&Y OR WMTLVELY AIN@NO, ®nUW OR ALTER TI4>i< COVWAW APPOROW BY 7W POLUM BELOW. TM ORRTIPICAIE OF WBURANCB DOBB NOT CON81"UTE A CONTRACT BETW� 7W NWL M D WRB". AUTHOMM -1-0 IUNWAWM OR = AND 710 CLNRTIFICATE HOLDER. Man owwovom MURK in pow) mast be to t11s tNnes and oaad bu oI ahe Pogay. aa11ap1 iodwas "W oom" an SlaloraemonR. A aUONwnt on this em O bom dm not oo0w rWft to *o 0 , Im sw* Tawer 1717 MIdn OM M DaUa9, TX 7aM-79a7 Aft tl�.oe 1111pi16gaN(886) 288- M a1BURID UJ1 M NWM Ametba InL 6;FMW P.O. Box boom PL Waft TX 781es INDICATED. NOTNBANHNAN, ONTRACT nnnW nF' rvn " rasaNT raaw+ OR OCHER DOCLWW IM W IMBPEOT TO WHICH THS OEN ►IPICATE MAY BE HUED OR MAY IYwRTA1N, THE MURAWCE APFORD®O BY THE POLICI= OEBCR = HEN 16 aUIWBCT TO ALL THE Tom, MWAUSION9 AND OONDRIONN OF &XH POLCCIEB. LIMITa aHOWN MAY HAVE NEN RBKM BY PAID OIA ML 11 TVPEOFDWJNAM Lom aaaaiAl.LiAsuff • _ _ . CLEF 77r7 � urur FIR .00MM 3.o00m X �� E 4"amo uLulanm IMMA loRnmlo IDMIRMI IN �auMALour ANMAUM i3.000,Dt10 ALLOWNCMALMA BM LYMIWal PWPM" a SCHW eoAVMS a MYNAM woww" s PROPURNMmulm 1pREDAUIOY � $ NWOMMMAUMS s UNSM LLAUM ERIC ooatAr eAoUla VAs a nwkwn" _ A I�IFINUM°MIN,AI IBCFC�,96888(VNj uK� aY niHn IrlN nX IRACT. CITE OF TAMARAC IS AN ADDITIOML INSUREE7 (�XCkP"T ON WORKW COMM AS RESPECTS CFTHE NAMEb INBLIRa CITY OF TAMARAC ATTN:KEITHGLAU 762a HW OM AVENUE aNIXUBANYOFIMAROW OMCIdB� POLO=aN CANCMJM 804M TM MMATM DA70 TIRAUCP. NWWE WLL YN ONAgR W 0 A00OIWIIN�VMTlWPQWVPftdV4KM TAMARACK FL 39821 Al""0=010WROMINUTWE OMMOV AM& i Wft" Mhos ACORD 25 (2 ) The ACORD name and logo are mob aamd melt of ACORD 9 mess 'ld `O/ZIIIIMVJ. 3nN3AV KM MN 9ML urn HLEM XUV ovwrrV� �o ua "WSM mom'�'H W'wa•w� �r'�pfaavw mewn vu 'aW w A 47 1 ,`' a-n �rvw�0«�naan�aAwnhuch a � M&K Yl %m *w �we xw H at�l I h►q Wvm ;� �rraMa a 4e9r�9ae � t�r►nss�t xi. s-r► s00 + NOIl'IoIMOANI -IVNOWaGV a�� a n n u u u x x x x x d Q bi q In in w 0 C6 w S C 4w m ,.. 8 8 8_ Ism w pO N r v p8p N '3 C1. Ip� d W �zg CL �Ell m119 C� IML N [I. m m 2 d cv U (7 Pl _N s s � n m m a, m a m m pN po too y OO Od w CL N N o � CAP S CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88"" AVENUE TAmARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO.1 REQUEST FOR PROPOSAL 11-25B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME DATE OF ADDENDUM: JULY 14, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Invitation for Bid # 11-25B, FURNISH, DELIVER AND DISCHARGE OF QUICKLIME. 1. Technical Specifications, Section C "Residue after Slaking" should be changed to read as follows: (C) Residue After Slaklnct Residue shall not be more than 2% by weight on 2Q,440 mesh sieve. 2. Please change the BID OPENING Time and Date to the following: July 11 at 2:00 P.M. EDT All other terms, conditions and specifications remain unchanged for Bid # 11-25B. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging It in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager COMPANY: QgMI AI Lime Co of AL, NAME: John L. Thompson LLC 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tomarac.org Equal Opportunity Employer City ofTsrnerac _._._.._._.... _ _ _. _ Puichasing and Coafiacrs Division BEFORE SUBMrMNa YOUR BID, MAKE SURE YOU... Q 1. Carefully read the General Terms 6 Conditions, Special Conditions and the General Requirements. R 2. Properly fill out the Bid Form. ❑x 3. Fill out and sign the Non-Colluehre Affidavit and have it properly notarized. ® 4. Sign the Certification page. Failure to do so will result In your Bid being deemed non- responsive. 5. Fill out the Bidders Qualification Statement. 0 6. Fill out the References page. fix 7. Sign the Vendor Drug Free Workplace Form. 0 8. Fill out the List of Subcontractore. []x g. Fill out and sign the Certified Resolution. 010. Submit ONE (1) Original AND TWO 12) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bide will M be accepted. Failure to provide the requested attachments may result In your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 20 Mailing Address Please note thatfit/un., Bid ll,,tck�iges/Reqtiest�,/(.,onttacts should be mailed to our corporate office. at: Carnieuse Litne & Stone, ]tic. I I S tan wix Street — 21 " I 'Io(.)r PittSbUrgh, PA 15222 A an, josie Zibm er Bid Results / Contracts: Please mail, fax or email bid tabs/results to the following: Fax to 412-995-5515 attention Josie Zihme . Nlait Contracts to the alcove address, Email results to jQLi Should you leave any questions, please call me directly at 866-780-0974 Sincerely, ,josie Zirinter josie Zilimer Inside Sales Representative UNANIMOUS WRITTEN CONSENT OIL" THE BOARD OF DIRECTORS OF C:ARME'USI LIME & STONE, INC. The undersigned, being till of the members of the Board of Directors of Carmouse Link & Stone, Inc„ a Delaware Corporation (the "Corporation"), (to hereby vote for, consent to, authorize and adopt the following resolutions by unanirrrous written consent pursuant to Section 141(f) of the Delaware General Corporation Law, with the same force and effect as if the undersigned had been present at a meeting of the Hoard of Directors of the Corporation and had voted for the stone: W11BREAS, the Corporation desires to restate its entire list of officers in order to reflect changes in the management of the Corporation; BE IT RI SOLVED THAT Elie; following; persons be, and they hereby are, elected to the offices set forth opposite their names below and to hold such offices until their successors have been duly elected and qualified: Thomas A. .Buck Bruce Inglis Kathy Wiley Philip Johnson Bruce Routhicaux Paul Tunnicliffe Carroll Laufmann Aidan Connolly Jack Mahler Patrick Worms Ralph Bardine Mary D. Colin Kevin Whyte Michael Collingwood. President and Cl o Vice President and (TO Vice President, i Ronan Resources Senior Vice President, Sales and Marketing Vice President, Sales , 45"I'l .11,/6- Vice President, Operations Vice President, Operations Vice President, inginecring Vice President, Supply Chain Chief Information Officer Vice President, Business Development Treasurer, Assistant Secretary Vice President, General Counsel, Secretary Assistant Secretary BE IT l�UIU' ER R[iS(: LVBD flTAT the above elected officers do hereby replace and supplant the previous officers of the Corporation, and (lie elected officers (lo hereby commence to serve as officers of the Corporation from the (late hereof; and BE IT 17UR'ITIIIR RT SOLVI31) THAT the officers of the Corporation be, and they hereby are, authorized to do or cause to be: dome any and all such acts and things and execute ,and deliver any and all documents and papers as they may decin necessary or appropriate to carry out the purposes of the foregoing resolutions; and BE IT 1,UR'ITIBR RESO1,NED THAT a copy of this Unanimous Written Consent of the Board of Directors be delivered to the Secretary of the Corporation with direction that it be filed and maintained with the corporate records of the; Corporation. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors its of the I" day of July, 2009. <�V�vt"4 (� (Z4-tl V` of , Duck Philip Johnson Being all the Directors of Carmeuse Lima & Stone, Inc. IEo� CERTIFICATE OF LIABILITY INSURANCE DAME ""xfff ' O7n Zhi THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sy AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: it the UiNcate holder Is an AS-01TIONAL INSURED, the po must 6i a—MG7. 11 565ROGATION, subject to Ore tonne and condldons of the policy, certain policies may require an endorsement. A statement on this cerdfiaata does not owAr rights to the eerNRcate holder in lieu of Such endoraoment(s). PRODUCER cT Aen Risk Services Central, Inc. Pittsburgh PA office Dominion Tower, 10th Hoar 625 Liberty Avenue Pittsburgh PA 15222-3110 USA LgW 283_7 9Si-S380 INlA1"SIAPFORDINGCOVERAGE NAICN INSURED Carmause Lime, Inc. and all subsidiaries 11 scanwix street Pittsburgh PA 15222 USA RIBURERA• Liberty insurance Corporation 42404 INSURERS: Liberty Mutual Fire ins Cc 23 35 nrsuRERC: Zurich American ins Cc 15535 INSURERD: American Guarantee A Liability ins Co 26247 emuRBRrC e omm F. COVERAGES CERTIFICATE NUMBER, 570043239240 REVISION NUMBER* THIS IS TO CERTIFY THAT THE POL I S OF INSURANCE LIM IM FOR 111N I§SUED TO IRE INVURED RMID ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, Ti'M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA71E MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI& LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, Limns shown are as mwealad TYPS OF OISMANDE POLCY NUMBERtam&= LuuTB (IEWRALIJABUITY X COMMERCIAL OENERALUAWWY X CWN$#rAW ❑OCCUR FA EAONCOCUPREN(M1 13,1000.000 Sue.o 0 MED81q*WryarPnran) S1010D0 PERSONAL A ADV INJURY S1,000,000 GENERALAODREOATe , L oErrAOORA"'MLIMrrN44JESPEk x PouoY n= Loc PRODuc3e•COMPIOPAGG S1,ODD,DDD a AUTomosEaLIABIL,ITY X ANY AUTO AILONMED SCHEDULED AUTOS AUTOS MREDAUTOS NON40YOM AUTOS - $3500.ODD SDDILYINJUIIYIPaPI BODLYINJURY(PAaCddNIQ PaOPENTYOALuOA 0 X 000ft AU" �SSLMS x OCCUR CLAIMSIACH LIMB SIR applies per policy terss 01 01 011 m conditions 01 01/ 0 EACHoccuREE m A00ROGATE $10,000,000 ED I x RETENTION 51o,001) A A TIDN AND EMPLOYAA! LMammr vim ANYPIIOPFUUOFIIPARMPIOX94UTNE OMMXRIMLMSIRgRCLUDEOT R (rry� rOfi�r+ IN�1+y� PE9RONCFOPERATIONSbNow NIA IW4 wC7681004055821 01/01/2011 01/01/2012 X Y T H• EL EACH ACCIDENT $1,000,005 eEMPLOYER S1,ODD,000 ey.0MEASSPOUCYLIVIT $1,000, DESCRIPTION OF OPERATIONSI LOCATIONS / VE0I1Cr.E3 (Aaach ACORD 101. AddMwaf Romatka Bch**^ it atom spun 4 nup* Q certificate holder is included as Additional Insured on the General Liability with respect to annual supply contract. CERTIFICATE 14OLDER CANCELLATION im 100" ANY DP THE ABOVE OESCRIEEA POLICIES an CANCELLED BEFORE TIII MOR MON DATE THEREOF, NOTICE ML BE OELNERIO IN AOCORDANCa MIM THR POLICYPNOVMML City of Tamarac AUnWRIMOREPRESEWATI E Attn. Keith K. Glatz 752STama ac FL 3 Avenue e �� Tamarac FL 33321 USA 01988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD a i r . iri 11 Florida Annual Resale Certlf as a les"Ta M 011A1i Date by the akx D VOID VOI This is to certify that Effective Dale by the nglble ppraonal pM a-I�gn�f �rttl 6ra7futicAt fiCt`a user to penaftles' IID VOID VOID i 3 Carmeuse Lime & Stone Longview Operation 599 Highway 31 South C ; I S Saginaw, Alabama 35137 Typical Properties: Chemical Average (°J) Carbon Dioxide (CO2) 0.36 Sulfur (S) 0.097 Available Lime (Rapid Sugar) 93.1 Calcium Oxide (CaO) 93.8 Magnesium Oxide (MgO) 2.4 Silica (SiO2) " 1.310 Alumina (A1203) " 0.572 Ferric Oxide (Fe2O3) " 0.373 Typical Properties: Physical Average (%) ASTM Reactivity - Temp. Rise in 30 seconds (°C) 40.0 - Temp. Rise Ttnt,, (°C) 56.7 Size (at point of loading) - Passing 1/8" 100 Loose Bulk Density (#/fe) 62 Packed Bulk Density (#/ft3) " 70 * Not routinely analyzed at this location The information contained in this product information sheet is, to the best of our knowledge, true and accurate, but any typical values given are subject to occasional variations based on variations in the raw material inputs and processing operations. Each user is advised to evaluate the product (specific compositions, physical properties and performance characteristics) independently for suitability in the intended use. LV-10499 Document printed on 712OY2011, 3:57.31 PM Rev 2 Issue Date: at1109 Carmeuse Lime & Stone Longview Operation 599 Highway 31 South Saginaw, Alabama 35137 w iI Pro ems: Chemical Average (%) Carbon Dioxide (CO2) 0.79 Sulfur (S) 0.051 Available Lime (Rapid Sugar) 93.0 Calcium Oxide (CaO) * 95.2 Magnesium Oxide (MgO) 1.82 Silica (Si02) ` 0.705 Alumina (A1203) ' 0.291 Ferric Oxide (Fe203) 0.167 Typical Properties: Physical Average (%) ASTM Reactivity - Temp. Rise in 30 seconds (IC) 40.0 - Temp. Rise Tww, (IC) 56A Residue (+30 Mesh) 1.6 Loose Bulk Density (00) 60 * Not routinely analyzed at this location The information contained in this product information sheet is, to the best of our knowledge, true and accurate, but any typical values given are subject to occasional variations based on variations in the raw material inputs and processing operations. Each user is advised to evaluate the product (specific compositions, physical properties and performance characteristics) independently for suitability in the intended use. t.VA0529 Document printed can 7120/2011, 3:58:10 PM Rev 2 Issue bate. 8/1/09 0 Issued: May 29, 2009 ANSI / NSF STANDARD 60 CLASSIFICATION NSF International has classified the following Carmeuse Lima manufacturing locations and their products for use as drinking water additives, For questions concerning water treatment products, please contact, Josie Zihmer Inside Sales Representative (866)780-0974 The complete listing of certified Carmeuse Lime plants can also be viewed at the water cerification index on the NSF international web site: htt :tdwuvw.n f rti ' ! sChemic s>i tin 7C m an = ar Certifications -Drinking Water Treatment Additives NSE t: orittted to NSHANS160 p� �r Q Q. F-w w i z :_.. t;A F r �S CARMEUSE NATURAL CHEMICALS To: City of Tamarac, FL Ode: 7/21M I Re: Affidavit of Compliance for Quicklime to ANSI / AWWA 0202-02 Carmeuse Longview s water grade quicklime products conform to ANSI / AWWA B202-02. The following verifications required by the standard are provided on all water grade quicklime shipped to our customers: • Sampling If required by the customer, samples are taken after the kilns (Section 5.1.2) and analyzed. Results are reported on a certificate of analysis. • Test Procedures Performed Available Calcium Oxide --procedure adapted from ASTM C-25 T3 minute Reactivity Total Active Slaking Time (TAST) Objectionable Insoluble Matter (30 Mesh residue) • Rejection of Quicklime Available Calcium Oxide c 80% T3 minute Reactivity < 10 °C Total Active Slaking Time a 20 minutes Objectionable Insoluble Matter a 5% Robert W. Rinker Quality Director Carmsuse NA Carmeuse North America t7mte ar C7ti�in: g6IQ51Q2 i w�'�`° C, , 11 Stanwix Street, 11n' Floor Date arRevlslan: 12O610I Pittsburgh, PA 15222 Phone; 412-995-5500 Revision W. 9 Fax:412-995-5594 -- --- Material Safety .Data Sheet Product Nanic: -[HIGHICALCIUM QUICKLIME INF T AC: 800-535-505;3 (k) case Duet earth t)cy c ili arts rlrtrittrt�t° 24 HOURS a day 7 0AYS al week.) 1.1. Itlentifle Ilion of the substance - Chemical name: Product name(s): Formula: CAS ll: Molecular Weight: Material Uses: 1,2. Company: Main Office: C"artrteuse North America 11 Stanwix. Street, I Ph Floor Pittsburgh, Pal. 15222 Calcium oxide Steel Grade -Large:, Steel C,rade-Large Rescreened, Stec] Gradc-Small, Steel Gradc-Small Rescreened, Water Grade -Small, Water Gracie -Small. Rescreened, Mini Pebble, Rice, .PCC: Grade -Large Rescreened, PCC Gracie -Small Rescreened, Hi Cal. Fines, Pulverized Linre, :Pulverized. Lime w/ Flowaid Coo 1305-78-8 56.08 Water treatment, steel flux, caustic agent, PH adjustment, acid gas absorption, construction Telephone: 412-995-5500 Fax: 412-995-5594 Canadian Office: C'armeuse Lime (Canada) Limited °retepi one: 519-423-6283 P.O. Box 190 Fax- 519-423-6545 Ingersoll, Ontario N5C: AS In r� edtent ° by weigh CAS # Calcium oxide >89 1305-78-8 Magnesium oxide <4 1309-48-4 I!:x OSUM t.itnit:5 C)SIIA 1'EL: 5 mg1mA ACG1l l TLV. 21vWm O. Reg, 833 TWAM 2 mghw; 0811A PUL: 15 ataWm'S ACGIII't'I.V: 10 niginsa 0, Reg. 833 ,rWAEV: 10 angina' OSI IA PEL*: 10 ang/na3(toteal dust); 3.3 naghn-1 (respirable) Silica - crystalline quartz 1 14808-60-7 AC:X)III 'I'LV: 0.05 mg/ms (respirable) 0. [keg. 845't'WALV; 0.1 mghn� 1111. (total dust) _.: (3(1 rnZrfm') / (off cilia a + 2) ; PFL (rvsaairarale) (10 niWmn ) I (% silica + 2) ProductNatne: HIGH CALCIUM QUICKLIME (continued) °E 3''•ilk a "W4s fi '8w A u'4''r F' Overview: High Calcium Quicklime is in the Forttr lumps, pebbles, granules or powder and is odorless, white or grayish -white in color. Contact can cause irritation to eyes, skin, respiratory system, and gastrointestinal tract. Contact may aggravate disorders of eyes, skin, gastrointestinal tract, and respiratory system. Eyes: Can cause severe irritation or burning of eyes, including permanent damage. Skin: Can cause severe irritation or burning of skin, especially in the presence of moisture. ingestion: Can cause severe irritation or burning of gastrointestinal tract if swallowed. Inhalation: Can cause severe irritation or the respiratory system. Long-term exposure may cause permanent damage. This product is not listed by MS HA, OS iA, or IARC as a carcinogen, but this product Wray contain crystalline quartz silica, which has been classified by (ARC as (Group t) carcinogenic to humans when inhaled. inhalation of silica can also cause a chronic hint; disorder, silicosis. Irritant: Eyes, mucous membranes, moist skin, respiratory tract. Flammability: This product is not flammable or combustible Explosive: This product is not explosive in dust Form (reactivity: May react violently with strong; acids producing bent and possible steam explosion in confined space Symbols: WFIMIS Symbol; 'T" Corrosive Material; "1)2A" Materials causing; other toxic effects � q Health Effects: Inhalation: Acute: irritation, sore throat, cough, sneezing;, "hronic: persistent coughing and breathing problems. Long; -term exposure to silica can cause a chronic lung disorder, silicosis. Fives: Acute: severe irritation, intense tearing, burns. Chronic: possible blindness when exposure is prolonged. Skirt: Acute: removes natural skirt oils, blotches, itching and superficial bursts in case of sweating. Chronic: no known efTects, Ingestion: Acutg: sore throat, stomach aches, cramps, d►arrhen, vomiting;. Chronic: no known effects. Treatments: Inhalation: Move victim to fresh air. Scck medicat attention ifuecessary. lfbreathing bas stopped, give artificial respiration. Eyes: Immediately flush eyes with large amounts of water for at least 15 minutes. full back the eyelid to make sure all the hnic dust has been washed out. Seek medical attention immediately. Do not rub eyes. Skirt: blush exposed area with large amounts of water. Seek medical attention immediately. Ingestion: Oivc large quantities of water or fruit juice. Do not induce vomiting, Seek medical attention immediately. Never give anything; by mouth if victim is rapidly losing consciousness or is unconscious or convulsing;. -2- Product Nanic: I HIGH CALCIUM QUICK ILIME(continued) Flash point: Non-flairunable Autoignition temperature: Non-narninable Inflammability limits: None Explosion risk: None by itself" but beat produced by reaction with strong acids can generate steam and pressure Hazardous combustion products: None Extinguishing media: Use dry chemical fire extinguisher. Do not use water or halogenated compounds, except (fiat laite amounts of water may be used to deluge sniall quantities or High Calcium Quicklime, Use appropriate extinguishing inedia for surrounding rtre conditions. Fire fighting instructions: Keep personnel away from and upwind of lire. Wear full fire-figliting turn -out gear (full Bunker gear), and respiratory protection (self- contained breathing apparatus). Individual and collective precautions: Avoid creating conditions which release dust — use mechanical ventilation to remove dust From work spaces Avoid inhalation of dust: Wear respiratory protection - rninimum NIOS H N-95 Dust Mask Cleaning methods for spills: Use personal protective equipment (eyes, skin and inhalation, see Section 8). Use dry methods (vacuuming, sweeping) to collect spilled materials. Avoid generating dust. For large spills, evacuate area downwind of clean-up area operations to minimize dust exposure. For small spills, store spilled materials in dry, scaled plastic or metal containers. Dust residue on surfaces may be washed with water. Precautions for the protection of May not be released into surface waters without controls (increases pl-I) the environment: Waste Disposal-. Dispose according to federal, provincial/state and local environmental regulations Handling: In open air or in ventilated places, avoid skin and eye contact, avoid creating airborne dust Storage: Store in dry places sheltered from humidity. Keep away ftom acids and incompatible substances Keel) (it -it of reach of children -3- Product Name: I HIGH CALCIUM QUICKLIME(continued) Exposure Limits: Calcium oxide: 5 rnghn" (OSHA); 2 mg/m' (ACGIIJ. 0. Reg. 833)); .Magnesium oxide: 1.5 mghna(OSHA); 10 mg/in' (ACG'114, 0, Reg, 833) Silica (crystalline quartz): 10 mg/m'(total dust); 3.3 naghn'(respirable) (OSUTA); 0.05 ing/an' (respirable - ACC;;IH); 0.1 ►ngr,/m' (0. Reg; 845) Engineering; Controls: Use ventilation nand dust collection to control exposure to below applicable limits. Respiratory protection: Wear MOST N-95 Dust Mask. Eye Protection: fiye protection (chemical goggles, safety glasses and/or fiace shield) should be worn where there .is a risk or Lime exposure. Contact lenses should not be worn when working; with lime products Hand Protection: Use clean dry gloves Skits Protection: Cover body with suitable clothes (long sleeves shirts and trousers). Use over (lie ankle waterproof caustic resistant t:oolwear Refer to Ontario Regulation 845: Designated Substance — Silica. Physical State; Solid Odor fix Appearance: Odorless, white powder I7tI; 12.11 in saturated water solution at 25" C Melting point: 258t1°C Roiling ,point: 2850"C; Vapor pressure: Non volatile Vapor density: loon volatile Density: 3.34 g/cc Solubility: Reacts with water to produce: Caa(011)2 with large amounts of heat. Soluble in acids, glycerin and sugar solutions Stability: reacts with water to form Ca(011)z and heart. Decomposition temperature: None. Reactivity: Reacts with acids to form calcium salts while generating heat. Reacts with carbon dioxide in air to form calcium carbonate. Conditions to avoid: Vicinity of incompatible materials Incompatible materials., Acids; reactive fluoridated, brominated or phosphorous compounds; alumiauun (may farm hydrogen gas), reactive powdered metals; organic acid anhydrides; nitro -organic compounds; interb aloganated compounds Hazardous decomposition products: None -5- Product Name: I HIGH CALCIUM QUICKLIME (continued) Symbol: WIIMIS RATING D2A, 1: NFPA RATING III At.`f11 •3 SPECIFIC HAZARD • ALK FLASH POINTS -0 REA(:MVITY •-- I IIMIS RATING 11PAI:I'tl 2 SPIT IF1CI IAZARD - ALK FL.ASI1 VOININ I) IWACI'IVITY - 1 Risk Phases: Risk ofscrious damage to the eyes Keep out of reach of children Safety l'Itases: Keep storage container away from humidity Avoid contact with skin and eyes, In case of contact with eyes, rinse ininiediately with water for at least 15 minutes CPR (Canada): `I'hitt product has been classified in accordance with the hazard criteria of the Controlled Products Regulation (CPR) of Canada and this MSDS contains all information required by the CPR. Uric dint can be removed front objects (such as vehicles) using; rags danipened with dilate vinegar. Aller applying, dilute vinegar, vehicles (especially chrome surfaces) must be washed with water. The information contained herein is believed to lie accurate and reliable as of the (Lite herwE However, Canncuse makes no representation, warranty or guarantce as to results or as to the inrormatioWs accuracy„ reliability or cornpletaness, Carmcitse has no liability for any lass or (iatiiage that tnay result taunt use or the intonuation. Bach user is responsible to review this inforritation, satisfy itself as to the inronnatioWs suitability and completeness, and circulate the information to its ctitployces, customers and other appropriate third parties. -6- CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88"' AVENUE TAMARAC, FL 33321 "Committed to Excellence ... Alwoys" REQUEST FOR PROPOSAL 11-25B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME DATE OF ADDENDUM- JULY 14,2011 Eir The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Invitation for Bid # 11-25B, FURNISH, DELIVER AND DISCHARGE OF QUICKLIME . 1. Technical Specifications, Section C "Residue after Slaking" should be changed to read as follows: (C) Residue After Slakinq Residue shag not be more than 2% by weight on 30 400 mesh sieve. 2. Please change the BID OPENING Time and Date to the following: July -26,2011 at 2:00 P.M. EDT All other terms, conditions and specifications remain unchanged for Bid # 11 -25B. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager COMPANY: Carmeuse Linie & Stone NAME. 1;C141 r/ LA-e 44 B ce . Routhleaux, V.P, Tales /525 NW 881h Avenue a Tomorac, Florida 33321 -2401 3 (9541597-3570 a Fox (954) 597-3565 a www,tomarac.org Lquol appolvHty Emplayo ILI 9 3". 'A, T'. Issued on behalf of the Utilities Department City of Tamarac Purchasing & Contracts Division 7525 NW 681" Avenue Room 108 Tamarac, Florida 33321- 401 (B ) 7-3 7 t TAMARAC . no City For Your ' w M i CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW $$TIC AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID TITLE: Furnish, Deliver and Discharge of Quicklime BID OPENING DATE/TIME: July 21, 2011 at -00 P.M. EDT BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg(tamarac.Org PRE -BID CONFERENCEISITE INSPECTION; Not Applicable to this bid. ................................................................................................. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE. SPECIAL CONDITIONS OF THE. DID, OR IN THE SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S. STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BIOS NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NONRESPONSIVE. BIDDER COMPANY NAME: Ca:rmeuse Lime & Stone COMPANY ADDRESS: 11 Stanwix Street 21st Floor, Pittsburgh, PA. 15222 COMPANY PHONE: (412)--995-5500 NAME OF AUTHORIZED AGENT: Bruce D. Rauthieaux TITLE OF AUTHORIZED AGENT: Vice President Sales AUTHORIZED AGENT EMAIL ADDRESS: salesinfo@carmeusena.com BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 25-1.254420 SIGNATURE OF AUTHORIZED AGENT: SUBMIT BID TO: Cmr OF TAmARAc PURCHASING AND CONTRACTS DIVISION 7525 NW Be AvENUE TAmARAc, FL 33321 964-597-3570 Our MWW and M/ mion Our Vlatan: no day of rsmarsa, our oornrn oW of chaise — beci g Ne nation In Waft of We duough an& netitwhooda, a hdbnhrrt economy, exceptlaml ambrner service and nwagrdsed excallem. Our Mkslcn: 1Me Are T#wn a ed b Sma Rance. . . Alwaya' It Is our/ob to ulster and oreate an environment that Responds b the Customer Creatas and kwovetea Works as a Team Achieves Reau tor. and hfakes a DNllerence b tle MVnwd of our WMw and n9sabn, as stewards of Me publ o hurt, we vaAe vk*w, *, epAdwW and q!► servloe. Our vendors are &* parbrers In meatkrg thaw corrunttmenta to ft w mnw*, and In support of treat vhft WW and wm, we are conmlttad to whe *g twat quaNNad, ow*oWNe vwxbra %Ao share our aom mrbnent Ib quailly efficiency, teamwork and ousWner serWaa are aWtployad to pmvids goodlt and sends n to the Cgv. Our vendors are expected 10 dsNusrtrlgdr *mftprodua[s and efliderrt servke that is pm~ on Mm and as ordered; In a manner that knproves the overaN vehre of the aervloes that the C, & provkfss to Ns residents. In adc ft% we exiled our vendors to work wNh the C,ty as a team, and exhW the hWmW Bevel of **a* when draft with any oft@ ordepartnent of the C.*. Mpnce In the wewOm of the raWkemente of thls prgposal WN! uVffiwo* canbfbute to the ovww qua* of swWow p mkied to tie entire wwww q►. The CNy la se udit for a find who wIN exenW* thaw Ideals In the exea then of thslr work and the srrcaomw RM WN be measwed ag*W its pertlormarroe stamtardb oatNned In thrs bid kwltatkur. INTRODUCTION It Is the Intent of In City to award this bid to the lowest responsible and responsive Bidder. The Cray reserves the right to accept or rs d any or all bids and to wolves any irnformaflty concerning the bids when such rejection or waterer le dawned to be In the best interest of the City. The Chy caswves the right to award the bid on a so order basis, hump sum or Individual item basis unless otherwise slated, whichaver Is in the Crest Irtereet of the City. This soflciirllon Is Issued pursuant to the City of Tamarac Cade, Chapter 8. 'Flhanae & Tsxadon", Article V. 'purchasing Procedures", Section e-141 et seq. It le the Want of the City to award tide bid to the lowed responsible and responshre Bidder. The City reserves the rigtrt to sooept or reject any or all bide and to wahre any IMhnnal ty concerning ing the bids when such reJerllarr or wahrer is deemed to be In tlm best Irderest of On City. The City reserves the right Ito award the bid rxh a split order basis, lump sum or Individual tern basis unless otherwise stated, whichever Is in the best interest of on CRY. The solicitation le Issued pursuant to the City of TMWW Coda, Chapter 8, 'Flhanae & TahmdW. Article V,'Purchasing ProoWurse", Section 6.141 et seq. These general terms and conditions apply to all offers made b the City of Tamarac by all prospective Bidders includi g but not lknkgd to Request for Qualse, Request for Bide and Request for Proposals. As such the wdude "bid" and "proposel" are used Interchangeably In reference to all offers submitted by prospaotive Bidders. Any wW afl special ocndillorm in this IFB or any sample agreement document that may be In vwience or conflict with these General Terms and Conditions shall have precedence over these General Terns and Cans. If no charges or deletlons to General Condillwu are made In the Special Conditions, then the General Tom and Condkions shall prevefl In their enNely. 1. GUIM1g88ICN OF THE BID The Bidder Is directed to d*w sealed bide to tie City of Tamwao, Purchasing Division. 7aWl N. W. 881h Avenue, Room 100, Temanm Florida 33321, no la6w than the date and time spedAed an the oover page of this solicitation document. At this time the bids will be opened, the names of all Bldtders will be wh wwood and all bids shall SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRAc T8 DIviSION 7525 NW 8r AVENUE TAMARAC, FL 33321 964-697-3670 became a matter of pub record. All Bidders and their representatives are Invited to attend. The Bidder must show the bid number, bid name. time and date of the bid opening an the outside of the sealed btd package. Delivery of the sealed bids to the Purchasing Off oo on or before the above date Is solely and strtdlr the responsibility of the Bidder. l.a1e bids will be returned unopened to the Bidder. It Is the Siddees responsibility to read and understand the requirements of this bid. Unless otterwwise spedtled, the Bidder must use the bid fbrm furnished in On bid document. The Milder Is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manuatir and duly signed in Ink by a Corporate Officer, Principal, or Partner with the authority to bind the bkk ing aompoW or Ann by hhfher signature. An bid forms must be typowrliten or completed in Ink. The Bidder must initial any erasures or correcdons in Ink. AO bids shall be submitted In the English language. An prices, term and conditions quoted In the submitted bid shag be expressed In U.S. Dollars, and will be Inn for acceptance far ably MM calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder proWng a bid In response to this sofidtallm shen bear an expenses aesocNrted with Its preparation. The Bidder siren prepare a bid with ter understanding that no dale for reimbursement shall be submitted to the Chy for expenses related to Its preparation. 2. VWMDRAwAL OF BID Any Bidder may w iftraw Its bid prior to the Inured opening time. The request tier withdrawal must be submited in wrNhg to the Pumhosbg Office. 3. PUBLIC ENTITY CNMES STATIfMBNT A person or at8itats who has been placed on to ccrhAded vendor list fddtwfng a wMcbrt for public entity crime may not submit a bid on a conlrad to provide any goods or services to a public wft, may not submit a bid on a om*od with a public array for tie ooesdr or repair of a public bull trtg or public vrork, may riot submit bids an leasee of read properly to a public oft, may not be awiarded or perform work as a contractor. supplier, suhoantraclm or consultant under a =*vd with any public encty, and may not transact budness wffh arty public Muria In emcees of the threshold amount provided In Section 267.017, for Category Two fbr a period of 38 months firm the date of being placed on the convicted vendor list. 4. NON -COLLUSIVE AFFIDAVIT Each Contractor stall complete the Ncn CCc%Wwe Affidavit Form and shell submit this form with the bidlproposel. The City considers the !tenure of the Contractor to submit tide document to be a ntsjor Imegulerilly, and may be cause for m of the Proposal. 6. CONFLICT OF INTEREST The award hereunder Is sub" to tare provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director. partner, proprietor, s eaodaie or agent who Is also a public officer or employee of the City or any of Its agenda@. L QUANTITIES Quw ttes shown are astmstes only. No guarantee or warranty Is given or holed by the City as to On Iola! amount that may or may not be purchased from any nag contract. The City reserves On right to decease or boom quardf lies or add or delcte any Bern fiom the contract If it Is daiemiined ON it beat serves the Interests of the CRY. T. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Finn Prtalm: Bid prices shag be fixed and Mat to the extent nequtred under Special Conditions. In the abeence of a reference In the Special Conditions, bid prices shall be fixed and Inn for a pedcd of lily (8q calendar days, or xtir * (Iq calendar daya when the contract mud be app oved by another agency. Psyncent will be made only after mcelpt and aoceplsswe of, Cash discounts may be offered for prompt payment however. such discounts siren not be considered in ddermining to lowest net SUBMIT BID TO: Cf1Y OF TAMARAc PURCHASING AND CONTRACTS DIVISION 7525 NW Be AVENUE TAl11UARAC, FL 33321 954-597-3570 cost for bid evoluedom promst Bidders are encouregsd to Pie prorript payment terms In the space provided on the Old Form. If no payment daunt Is offered, the Bidder shall enter zero (0) for the peroardage discount to Indlode not 30 days. K the Bidder does not enter a percentage discount, it Is understood and agreed that the payment terms shall be 2% 10 dep. net 30 days sMufte an the date that the City recelves an eracursts Invoice or accepts the product, whichever Is the debar date. Payment Is deemed made on the dale of the maAi>G of the ahedt. All psymerrta shag be governed by the Local Gownment ftn:pt Payymsnt Act, F.S. Chhapter 218. Pavmerrta tyAlaoih+onio run& Trerwfer. For City of Tamarac purahows, vendors must be able to accept and recelve paymords by direct deposit via electronic funds transfer Insleed of by paper check. Vendors are strongly encouraged to register to nmWe all payments by direct depomk. Access the City of Tamarac web4ite at RNWELM for more infammttwh. This requlreewM may dWw for other governmental entilles using this contract All Ban shell be delivered F.O.B. deslind rn to a spook City address. Ali deihrmy coda and charges mhroll be hhotuded in the bid price. Aitematively, the Wdder may list the unit pdoe for material to be supplied, and a separate cod for toot. The City reserves fro right to cancel orders or any part Mid, without obligallon t delivery Is not made at the tme ape dfi s In the bld. I`]�-3 � �•31J�►�Yi�•iiL���uIi�!3��•3�1 The Bidder may offer any product which masts or errcesds the speolf shone for any hem(e). Bidder shall "n* complete descriptive speclilosllans with the bid. The bnudoh of proof for vocili anon compgemce Is act* on the Bidder. Tiro City reserves to right to be the sole Judge of what Is equal and aeeaplable. Fallure td provide this Infannetivn within tree (3) business days of the CWs request may be grounds for bid dlaquaBAcallon. If Bidder falls to take owspton to the spedftallon mqulremera, It will be assumed that the Bidder has submitted a bit which =*mhs In 1dl sepedt to the m*ftwerhts of the bid document. and that the Bidder Intenda to Mnish goods Identical to the bid sdndard. 10. SAMPLIrB AND 011111IONSTRATHM VW= requested, samples are to be flrmlahed tree of change to the City. N a Semple Is requested it must be delivered within Raven days of the request unless otherwise stated in the bid. Each sample must be marked with the Biddeft name, end the type of prnfill t provided. The City will not be responsible for mi umrring samples. The City may requhe tesfetg of the pro" by an Independent aborstory at the We expense, havwever, in the event that a sempie product fda to meet the spactgaltonne Included herein, the Ciltr reserves the right b reWre the Bidder b beer the cost of the be". 11. BACKGROUND INVESTIGATIOaf As a part of the Bid evaluations process, the laity may conduct a badrgrcund hwadigaft Indudirlg a criminal record check of BMWs coon andlbr employee, by IN Bmwmd C.ourq Sheriffs Me. Bidders submission of a bid conef An ado owledgwrtent of and consentt to much Irrvedtgert4rh. City shall be the We Judge In Biddiescletermining vomiodons. 1Z. CONDMONB OF MATOVALS Ali matsdels and produce supplied by the Bidder In cordunatlon with this bid shall conform to the .- ift.11- - _: the City reserves the right to return the product to the Bidder ct no oust b the City. 13. COPYRIGHTS OR PATENT RIGHTS The Bidder wanronb that thus he been no vkhWon of copyrights or paten VO In meswlacturing, produdng or selling the goods shipped or ordered fees a result of this bid. The Wier agrees to hold the City h mhless from d lihbft lass or axpa occasioned by any such violation. 14. SAFEPY STANDARDS The Bidder werrenfs that the product(s) supplied to SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 887H AVF-NM TAMARAC, FL 33321 954-597-3570 the City acntmm with all respect$ to the standards set f 1h In the occupational gaiety and Health Act of 1970 as amended. and shell be In compliance with Chapter 44Z Florida Stapes as well as any hit iustry standards, if appgoable. Any toxic substance fisted In Section 38F-41.03 of the Florida Admkddmbw Code dabood as a result of this order must be accompanied by a completed Malorial Safety Data Sheet (MSDS). % PERFORMANCE Failure an the part of the Bidder to ow" with the rcIn, ditarhs, terns, specifications and requirements of the bid shell be jest colon$ for canoebtion of the bid award, ;x;W standhng any additional "Iremenbs errumenflad In the Spacial conditans herein. The City may, by written nofioe to the Bidder. terdrh o the owhaot for falhue to perform. The date of brnbhaton shell be stated in the not=. The City elhag be the sole judge of nonperformance. 18. INBPR=ON The City shall have the right to Inspect any mderlsK components, agrdpr► eK supplies. services or completed work apedfled herein. Any of sold Items not complying with these specificetons are subject to rejeclrt at the option of the City. Any ems rejected shag be removed from the prendoes of the City andlbr replaced at the entire expense of the successful vendor. 17. TERMINATION a. DEFAULT: In addition to all other remedies available to the City, this Agreement shell be subjed to cancellation by the City for cause, should the Contractor neglect or fag to perfrurrh or observe any of the metsM 19=4 p wAslons, conditions, or requhharrherds herein contained, N such neglect or tenure shall continue for a period of thirty (30) days alter receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY: The final Agreement may be terminated by the C3ly for con enWnce. upon thirty (" days of writlen notice by the City to tha Cnntracbr far ouch tanednaton In which event the Cordraclor shall be paid its axnpeneaton far cmfmming products child eyed to the City prior to tamdnatlon date, Includhtg services reasonably related to 4 termination. In the event that the Contractor abandons We Agreement or causes it to be terminated, Contractor shag hhdemnty, the oity against lose partabdng to this ternhhhaton. c. FUNDING OUT: This agreement shall remain in IUD force and effect only as long as the erpendhm provided for In, the meant have been appropriated by the Chy Commission of the City of Tamarac In the annual budget for each fiscal year of this Agreement, and is st#m t to termination based on lack of funding. IL ASSIONNOW The Sidder shall rot trens%r or assign the required by this bid W tout the prlor wri W wnsent of the City. Any award Issued pursuant to this bid and monles that may become due hereunder arerot assdgnalA except with prior written approval of the Cite/. 19. EMPLOYEW Employees of the Bidder shell at all times be under ils sole dlm*n and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. B Idler shag be responsible to the City for the acts and omissions of all employees wo*I g under its dbections. 20. NON-DISCRINItNATION & EQUAL OPPORTUNITY EMPLOMENT During the pwkmwhoe of the Conk" the Contractor shat not disalminale against any employee or applicant for employment because of ram color, esx, reglon, ape, national origin, me1hd atolls, pafidcal atAf1don, faaEal status, sexual aftnb torn. or d sdit If quWMW. The Conlroolar will We atiknmtve action to ensure that amploysee are treated during fit, without regard to their row, color, sec Religion, age, national origin. hhhafital stelae, political deacon, familial status, sexual fin, or dam► if queened Such h actions must Include, but not be limited to, the tWwbhg: employment, prorroton; dencton or trandw, recruitment or rocrultment advertft layoff or lemdnellom metes of psy or other !Done of cornpeneaton; and selection for 110ft, including apprenticeship. The Cantradw shall agme to poet in conspicuous places, available to employees and applicants for employment, notaes to be provided by SUBMIT BID To: My of TAMARAc PURCHASING AND CONTRACTS DIVISION 7525 NW Or AVENUE TAMARAC, FL 33321 954597-3570 the contracting a(Aoer eatl W b1h the provisions of this nondiscrimination clause. The Contractor ttuther agrees that tow* will ensure Oat Subcontractors. if any, will be made euewre of and will comply YA this mondlscrlmha ton mouse. 21. TAXES The City of Tamerac and all members of tits Soulheest Florida Govwmruent Pumha tng Cooperative are exempt from all Federal. Stab, and Local tames. An exemption cerMcale will be provided where applicable upon request 22. OMISSION OF DETAILS Omission of any essential dew from tress specifteftne will not relieve On Bidder of supplying such proWd(s) are spedited. 2& INSURANCE RE61lliREMI NTB Byer agrees to. In the performance of work and services under tide Agreement. comply with ass fedend, state, and local h m and regulskms now In effect, or hereinafter enacted during the lama of this agreement that are applicable to Contractor, Its employees, agents, or subconlraobrs, 9 any, with respect to the work and services described herein. Bidder strati obtain at Blddsee expense all necessary insuaance in such form and amount as required by the CWs Risk & Swishy 0tlbar bafara beginning work under title Agrearmut. Bidder sW maintain such hnumi nce in foil tm and eftct dud ng the Ilk of this Agreement Bidder shag provide to dw CWs Risk & Solely Officer aerHttctoas of all insurance nklu bed under lids section prior to beglnnbng any work under Opts AW*wnmt. Bidder shall indenu ft and am the City harmless thorn any damap mfing b it for failure of either Bidder or any subcoftector to obtain or me nb& ouch insurance. The foliawing am required types and minimum Ita flaw of Insurance ooverage, which the Bidder agrees to nahtaln during ire term of this contract Line of lituusineasl Occurrence Aggregate CovenMe Commercial0"Wral $1,000,000 $1,000,000 Lisblfity 5 Indudhhg: Premisons Contractual Lk btiity Personal Inlury Explosion. Wspee, Underground Hazard ProducWCampieled Operations Broad Form Property De rnep Cross Liability and Seversb011y of Interest Clause Automobile Ltabdll Y Workers' corvenevillon & Employer's Liability $1,000,000 $1.000.000 Sts>tatory Na*w Bidder nor any subcatlracW shall commence work undwft aordract until they have obtained all insurance required under We section and have wed the City with evidence of such coverege in the form of an insurance comb" and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will nuabttefn the necessary coverage teouphwA the bum of this Ag eemerd. At insurance carriers strali be rated at Isest A•VII per A.M. Beals Key Rating Guide and be licensed to do business in Florida. Policies shall be "Oaativernce" form. Each awrrtsr will give to City ably OM days notice prier b fin. The Bidder's ldit insurance potoles stall be endoread to add tits City of Temerac as an "additional insured'. The Bidders Worlwes Compensation carder win provide a W&W of SubrogaWn to the City. The Bidder she!{ be resporaibie for hue payment of sit dednrctiblee and eelf-insured febntans. The City may require that the Bidder puwohm a bond to oohror the fop amount of the deductible or salf-Insured retention. If the Bidder Is to provide profeedonal services under We Ag umW. the Bidder must provide the City witit evidence of Prof eekwwl IJabifify Insurance v t, at a ndrdmum, a Ibdt at$1,01XIAM par oocusraltca and In the aggre ocwnuhew form are acceptable for 1 ill dmurance. X INDMWIgCATION a SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW Be AVENUE TAMARAC, FL 33321 954-597-3570 The Bidder anal indemnify sand told harmless the CIlly of Temanrr:, No Neded and appointed aftWs and employees from any and an Claims, subs, actions, damages, flabllty, and epees preluding attorneys' In connection with bee of life, bodlltl or personal lNuury, or property dernege, Inducing Iwo of use thereof, drsdly or indradly caused by, resultIM 1iom4 wising out of or ocaintng in connedlon with the operations of the Bidder or his Subcontractors. agents, ofncara, employees or independent ire, excepting only such lose of W badly or personal Injury. or property damage solely attributable to to gross negligence or willful misconduct of the City of Tamarac or is elected or appointed officials and employees. City resev%s the ftM to select Its own legal counsel to conduct any dsleree in any such proceeding and al costs and leas aseodeled therewith shall be the respOnsiblby of Contractor under the Ikon agro menl. IND11PENDENT CONTRACTOR An Agreement resulting fine this odkk den does not crev* an amplerfoyer mislo shtp between to Pules. It Is the Intent of tie Parties that to Contractor is an bulopendet contractor under this Agreenart and not to City* employee for any purposes, inchi ffg but not imbed to, the apt of the Fair Labor Standards Ad minlnnrm wage and overtire psymenta. Federal Insurance Contribution Act, the Social Security Ad, the Federal Unemployment Tax Act the provlsons of tie Internal Reveue Code, the State Warkeft Compensation Act, and the State Unemployment Insurance low. The Contractor shall retain sole and absolute discretion In the judgmet of the mamer and means of carrying out Contractor's aativltiss and reaponslaw hereunder provided, further that admhtlelretive proosdurea appttcebls b services =WwW under any potential Agreement shall be those of Contractor, which polder of Contractor stab not oonfilot with CIty, Seta, or United Stales poldee, rotes or mgWovane retatIN to the use of Contractor's funds pnvrided for h wain. The Condnrutor agrees that it Is a sepo date and Independent enWprse f ern the City, that It had All opportunity to find ocher business, that It has made Be own hest ent loins business. and that It will ulke a high level of oW necassery to perform the work. Any potential Agreement shall not be co etrued as waft any Joint employment rekftmhtp beNreen fire Contractor end pre Coy and the CIty wn1 not be table fbr any obligation Incurred by Contractor, Inducing but not limbed to unpaid mbnbnum vages arWar overtime premiums. 28. CLARIFICATION &ADDENDA Where there appears to be varsnces or coniilcts between the General Terns and Conditions and the Special Conditions andkr Detailed Spedlaalons oullned in this bid, the Special Condtions andfor the Dented 8ped8cations shall prevail. The Sher shoo examine all bid documents and shell judge ad matters relating to the ad Woq and accuracy of such documerts, N, upon review, any material errors ih spedloetions are lchunt, the Sldder shag contact the Pumosing OW= Immediately. Any inquires, shone, requests conferntrg clarification, or requests for additional infomnallon shall be submitted In writing to tie Purchasing and Contracts Manager. The CIty of Tamarac reserves the fIg t to amend We bid prior to the Old "aft date IndbOW by written addenda. W tisn addenda shell am as the vole snow a of dauilcolon. The City anal not be responslNe for and hntepnetafsna given by any City employee or data represonfeW& 27. SID TABULATION Bidders may dwmlood the bid iabtWW directly from the Internet at hMKftMffjlM=2= The City dons not notify i nmmeastl Bidders of contract awards. Pursuant to Florida Statute Chapter 119. Section 7". seated bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt hnm the provisions of subsection (1) and a 24(a), Art. 1 of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. 112D.t37(3)(a), or within 10 days after bldlproposei opening, whtahaver is eartler. SUBMIT BID TO: Car OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88t" AVENUE TAMARAC, FL 33321 064-587-3570 zs. RECORDBdAUDM The Contractor shall maWaln durtng the term at the =*ad all books. reports and records In accordance with generally accepted accounting practices and dandarde far recwde dhm* rested to this corbel The farm of all records and harts shell be subject to the approval of the CWs Auditor. The Conlradw agrees to make available to the Cil,%s Audilor. dudnp nonrrel buoMess h ours and In Broward, Dade or Palm Beach Counties, all books of account, reports and records r4ft to this contract for the duration of tie contract and retain them for a miNmum period of one (1) year beyarui the tared day or the cantrad term. 99. UNBALANCE? MOO When a writ price bid has variable or w0 ated cluentift and the bid shows evidenes of unbalanced bid pricing, such bid may be rejected. 30. UNIT PRICO where a deareparm between unit price and total price is ln**W on a Bidders eutodlied Schedule of Bid Priam or Price Proposal Form. the unit prig dwl prevail. 31. VENUE Any Agreement resulting from the socitabon strap be governed by the laws or the Stale of Florida as now and here0w In force. The venue for actions arising out of tilt agreernent Is tined In Broward County, Flo*kL The City may arttaldl as a part of this solicitation, a Form Agreement documwtt. Bidders stall be responsible for compI t with all of the Wm and conditions of the Fonn Aamenlent docwnant If Included herein. except where vadard or cot tft JsnpW may be Included in any Special Conditw contained tereln. Bidders shall role any deviation or variance with the Form Agreement document at the tine of hid submission. 7 " M AC' The City ror Your Ufa a 111 L 0 :.. #1161 Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 53th Avenue, Tamarac, Florida 33321-2401 until Thursday, July 21, 2011 at 2.00 p.m. EDT (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Prowl is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or Irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the purchasing Office or via the Internet at ww t r or , For inquiries, contact the purchasing Office at (954) 597-3570. Sincerely, r,b GV Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager Publish in Sun Sentinel July 06, 2011 and July 13, 2011 as �i u ii pll�, p IS � uu, 7525 N.W. 88th Avenue I Tarr -ac, Florida 33321.2401 { P: 9509735701 R 954,597.3565 COLIAL OrPQR'iuviTY EA1aLQYER 1k ,1 �05 '� Q A �'! I e. 110 J f �JAC'J1lq ij1[)pr4".jj-JSjC The Invitation for Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative Put -chasing in Southeast Florida, The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the ClOCUrnent. Southeast Florida Governmental Purchasin Pao merative Procurement • Each participating governmental entity will be responsible for awarding a contract, Issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the Individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements, • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise, • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result Of this award during the contract period. • THE CONTRACTOR(S) SHAU,. rURNISH THE LEAn AGENCY A DETAILEI) SUMMARY OF SALES SEW - ANNUALLY DURING THE CONTRACT PERIOD, SALES SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME, THE TOTAL OF EACH COMMODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLLAR AMOUNT OF PURCHASES 13Y COMMODITY, • Manic' alli,l,es 1:,1111rd othell 1,3overnmental entitles which are not members of the Southeast Florid G ver errs a 1? rc i Co ratios re trictl rohibi ed from utiii in an contract or purchase order resulting form this bid award, However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency, New Southeast Florida Governmental Purchasing Cooperative members may participate in any Contract oil acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" gr of T�rn+eac .� ..�T -- . _ Purchasing and Gontmcla DiWsw Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ACORESS CITY/STATEMP CONTACT PHONE BrnwaM CountyDIet.1 3701 N blots Road 7 Lauderdale Lakes 33319 uft 984/831.4128 Co Dist, 2 1390 E 41 Pom no Beach K. Slamand 054/831-4121 CI of Cora! 8 3800 NW 881tr Avenue Coral S 3308ti ne Saokdso 964/344-1103 C of is Beach 1201 S1 n Road Darya Beach 33004 ernes Baker 9g4=4-3874 Town of Davie 3800 NW 7eth Avenue S48 II Davie 33314 Ne118 -3748 Town of Davis3790 SW 84th Avenue S48 Davie 33314 Nell Bucks 7.374e CljZ of Deerfield Beach 290 096W Blvd. Deadeld Beady 33442 Jim Bennett 9541460.4370 Qrg of Fort Lauderdale 90 NW 3e Street Ft. Lauderdale 33309 Rk * Johnson 780 CKY of Hallandale Beach 211514WMAvenue Hallandale 33000 Hal Messer 964/467-1632 21y of Ho1hMMd U41 Hollywood Blvd. H 33020 Carlos Agullare 954/987-4230 City of Lauderhill 2101 NW 491h Avenue Lauderhill 33313 Afeworkl Gh"hWet 9641130 2972 CKY Of Margate 080 NW e8 Ave. Memate 33083 Rids Van Acker 984/97240826 City Of MI ar 2000 SW 8es' Terrace Miramar 33023 Bill Knes 9641W&7T13 of North Miami 12098 NW 11 Ave. North Miami 33106 Wlaler Pierre-Louls 3051896.9634 CRy of North Miami Beach 19180 NW a Ave North MlarM Beach 33192 Pat Mitchell 308EWMDO Of Pembroke Pines 79M Johnson Street Pembroke Pines 33028 Michael E. Pence 964198OW1 Ch of Pompano Beach 301 NE 1P Street Pompano Beach 33000 Leste Hardin 84=1 of Sunrise 4380 florinatree Drive Sunrise 33381 Jim Dolan 9e41572 2424 CRY of Sundae 18480 Scud mill Road Davie 33331 Dan Bush 964/434 aMD gk of Tamerac 7803 NW 81st Street Tarnaraa 33321 John Fkddw 98407-3777 U.S. Water (City of North La e 841 NW 71 Avenue North Lauderdale Gene Riley 95417224NO tape Of Wellington 1100 Wallington Trace Welington 33414 Seen McFarland 66117914" laps of Wellington Orantd 1100 Welington Trace WeINVIon 33414 Bryan Gayoso 6611791.4039 10 of Tamarac SPECIAi. CONDITIONS BID 11-26B FURNISH, DEUVER AND DISCHARGE OF QUICKLIME and Contracts Divialan 1. PURPOSE OF BID The City of Tamarac Is hereby requesting Bids, from qualified bidders, to supply quicklime per the conditions and specifications contained In this document. The contract term shall be for an haul period of three (3) years, beginning November 1, 2011. The City reserves the right to renew the contract for three (3) additional one (1) year periods, providing all parties some to the extension and renewal terms. This Is a Cooperative Invitation to Bkl Issued by the City of Tamarac on behalf of the participating governments! entitles, referenced within this bid document. All quantities given are eatlrnates of annual usage and may be increased or decreased to meet the requirements of each participent No warranty is given or implied as to the exact quantitles that will be used during the term of this contract. 2. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulatlora in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible If the history of violations warrants such determination. A complete history of all citations, violations, notices or dispositions shall be submitted with bid. The non -submission of any such documonlation shall be deenad an afilrmatlon by the Bidder that there are no citations or viciatlons. Bidder shag notify the City Immediately of any citation or violation received after the Bid opening date and during the time of performance of any contract awarded to Bidder. Other oonsidwMions for award Include: A. The ability and capacity of the Bidder to perform the requirements of the bid. B. The avallability and quality of the Bidder's product to the required use. 3. PRICING Primes quoted shell be F.O.B. destination, according to the rate In effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. A. Contract Pricing shall be based on delivered cost per ton. The Contract sum Includes all labor, materials and freight charges pricing shade be flrm for the initial contract period from November 1, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis In accordance with Section 3.C, "Escal stun / De- escalstion" shown herein. B. In consideration of fluctuations in fuel prices, the City will allow rail and tnmldng fuel surcharges during the term of the contract. Rap Surchg= -- The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shag provide documentatlon regarding the rail carrier's pricing ss 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 rag fuel surc"o schedule as pert of their bid submittal in the area provided in Appendix B herein. Tnucldng_Surdtarne - The truck 1bcl surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendbc B herein, which shall be determined by referencing the Retell Orr -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 duck Axel surcharge will be aWled to the base contract price per ton of quicklime transported effective with the start of the next quarter. City of Tamarac --- Pulcimaing and Cw1hads Dkdwon No surcharge will be applied on top of another one. The bidder shell utiltze the trucking fuel surcharge scale Included in Appendix B 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: doo.ggy&wA0Aft dalesel detailreaort, cambinad.asn C. 1. The Citty will wept price adjustments on a quarterly basis on January Id, April 1M, July la and October is of each year. The Contractor must submit sufficient documentation to be given consideration for a price Increase, and must pawon 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 coed costs, Phil'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. 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 1.2011, subject to change in accordance with the schedule provided In Section 3.C.1 herein. 3. The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter tensed on the amount of the call and truck fuel surcharges In efilect for the month preceding the quarterly price change as calculated in accordance with Special Conditions Section 3.8 "Pricing", herein and utilizing Appendix B to this bid. At the and of each quarter, the Contactor will process a "true up" by comparing the actual monthly rail and tuck fuel surcharges for the quarter to the rail and truck fuel surcharges Implemented at the timre of the quarterly price change. Based on this comparison, the Conteclor will Issue the City a credit or debit that represents the variance. 4. Cost adjustments, in all cases, shall reflect only a direct pass4hrough of costs, and no changes to the ControaWs profit margin shall be permitted. The City and the Contractor may also utilise recognised governmoftWustry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price Increases. 4. BASIS FOR ADJUSTMENT OR REJECTION The City reserves the right to reject, at the Blddees expense, any shipment that fails to most the specifications Meted herein. The Bidder shall be given twenty-four (24) hours after failure notification to arrange for independent laboratory analysis of one (1) of the retained samples from seld shipment. & DAMAGE TO EQUIPMENT If it Is determined that the Bidder has shipped a product other than that spexiided, resulting in equipment damage, the Bidder shall assume full responsibility for the cat of repairs. IL DELIVERY Bidder shell be capable of and agree to the following: 12 City y Tamemc; Pumip" g and Coninwis Division A. Delivery 24hours per day, seven days per week. B. Fumish a weight certification with each shipment. Certificate shall indicate gross, tare and net weights. C. Provide a physical and chemical analysis with each delivery. The analysis shall be certified and perronnsd by a reputable testing laboratory. A one (1) pound airtight sample must accompany each shipment. D. Deliver to the designated faculties and discharge product pneumatically into the specified storage tank. E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. 119e to the goods shall pass to the City or agency upon delivery and acneptanoo. T. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. INSURANCE Bkidare shall submit copies of their current insurance certificates with the bid. Failure to do so may cause rejection of the Bid. 9. REGULATORY COiIAPLIANCE The Bidder shall submit a statement that the product or charrdcalB added to the drinking water cordbrms to the National Sanitation Foundation (NSF) Standard tf0 (or referenced alternative standards). 10. SECURITY The awarded Contractor shall be required to oomplete the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery shoe. This form will be sent to the awarded vendor(s) with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated reprosantative in writing, via fax to a nurser 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. All personnel shall check4n with the Security Guard or Operator on duty Immediately upon arrival at any delivery location. Photo Identification, purpose of visit, and name of City staff contact, shall be required for entry. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to VendodChy vahicas, work alto, equipment, work products, reports, electronic data and anyiell oftr information pertaining to the City. Vendor shall not admit any uneugx*W personnel onto any work aft. Vendor will not release, discuss or share any Information on system, equipment and/or operations, to any non -City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Contractor shall be held responsible for complying with these procedures. City or Tamarac Pamhaift and Conimcfs Division TECHNICAL SPECIFICATIONS BID NO. 11 280 FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Type 1: Pebble lime, bulk must be in accordance with Standard American Water Works Specification B- 202-02. The following requirements and testing procedures are applicable. (A) Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Q&Ium Oxide (GoOl GMWW Shall contain a minimum of 92% free lime. (C) Residue shall not be more than 2% by weight on 100 mesh sieve. (D) Samoling Procedure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is using unloaded. Material Is to be Immediately placed In airtight containers to minimize contact with air. This ten -pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be planed In airtight containers. One quarter (114) will be used by the City's labomkiry for analysis. Two quarters (214) will be set aside for use by the Bidder and a referee laboratory In the event of a dispute. City will use the Mal quarter in the event of a dispute. 1. SleMna Rate As covered in AW WA Specifications, B-202-02, Section 6.4. 2. C� As omer+ed In AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After Slakina As covered in AWWA Specifications, B-202.02, Section 5.6. (F) 3WV eat iL�N LtVg Ili d Money, toseclfv) 1. Pebble size shall be between U8" and 3ff'. Pebble size shall be between 3N' and 1/2". city oi Tama= _ ..� r ..^ �. Plrrchssing and Conhacts i]iv18101) Type 2. HI -Col, Granular lime, bulk. The following requirements and testing procedures are applicable. (A) Rea�tiy ft Reactivity per ASTM C-11& 30 Second Reactivity. 20 degrees Centigrade average. Three (3) minute reactivity. shall be 40 degrees Centigrade. (B) Shall contain a minimum of 92% free lima total, and a minimum of 87% available CaO, per ASTM C-26 nx*wd. (C) &M Granular product U.S. sieves size V x 1W. Bulk density average of 83 lb. per cubic foot. Remainder of Page Intentionally Blank Ci of Tamarac Rembasing and Connects Divisiai .. _ ..__...-.......----------------�_..... .....__.._....._............._.......... _ ---_...._...__..._ _ Bro FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO.11258 Submitted by: Carmeuse Lime & Stone July 21, 2011 (Bidder)) (Date) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 98aAvenue Temerec, Florida 33321 1. The undersigned Bidder proposes and agrees, If this bid is accepted, to enter into an agreement with the City to perform and fumish all Work as specified herein for the Contract Pdoe and within the Contract Period indicated In this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the data of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that In any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid Is genuine and not made in the Interest of at on behalf of any undisclosed person, firm or corporation and is not submitted In conkmr ty with any agreement or rules of any group, assode&m, organization or corporation; Bidder has not directly or Indirectly Induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown In the "Bid Form". A. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 16 City of 1ameYac ............. Pur BID FORM BID NO. 11-258 (continued) We propose to furnish the following In conformity with the specifications. The bid prices quoted are certified to be correct. Said prices are fbmd and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Rail and Truk fuel surcharges are not included on the spreadsheet bebw, and will be Invoiced as separate line Items per the requirements outlined in Section 3, "Pricdrng" of the Special Conditions herein. To assure continuity of supply, it Is the Intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to award the bid on a split order basis, lump sum (preferred) or individual Rom basis unless otherwise stated. AGENCY DELIVERY ADDRESS ANNUAL USAGE PEBBLEfPER SIZE CE TON PREI CHARGE TOTAL, COST DELIVERED TYPE 1- P e Lime 0.0 Broward CountDist. 1 3101 N Side Road 7 2.500 118 - 3/8 200.0 80 93 280 roward Coft Dist. 2 1390 NE 61 St. 4 800 118 - 3/0 $200.04 $80.93 $ 280.93 C of Coral Springs 1 3800 NW 85th Avenue Coral Sprkm 2,000 1/8 - 318$200.001$80.93,2280.93 C of Denim Beach 1201 Stblina Road Dania Basch 837 118 - 3/8 $150.00b80.21 $230.21 Town of Davie 38M NW 78th Avenue Davie 788.5 1/8-3/0 $200.00 $80.93 $280.93 own of Davie 3790 SW 84th Avenue Dade 485.4 1/8 - 3/8 $ 200.00 $80.931$280.93 City of Deerfield Beach 290 Goolsby Blvd. - West Plant, Deerfield Beach 1524 118 - 3/8 $200.00 $80.93 $280.93 CIW of Deorfleld Beach 150 NE a Ave. 102 1/8-3/8 200 00 0 C of Fort Lauderdale 949 NW 3e St. FL Umlerdale 11500 1/8 - 3/8 0 Cl of Hallandale 2 215 NW 8th Avenue Hallandale 2178 118 -1/2 200 0 Ctt of Mol 3441 Hal Blvd. 2 482 1/8-3/6 xoo . 0 80 C of Leuderhgi 2�1 NW 491h Avenue,Laud 1.670 3I8 -1/2 200. 00 8 V C Of moms 980 NW Ave.to 2 00 118 --1/x 200.0a 80 C Of Miramar 2800 Sill Oe Terrace MirarW 1000 118 - 3/8 200. 0 80 C of North Mlaml 12098 NW 11 Ave North Miami 1440 1/8-= $200.00 80 City of North Miami Beach 19150 NW 81h Ave, Miami Gardens Z500 118-112 $200.00 0 C Of Pembroke Pines 7980 Johnson $ Pembroke Pines 4,500 118 - 3M 200.00 80 93 C of Pompano Beach 301 NE 12 o Beach 2,500 1/8 -- 3/8 200.00 eo .93 280 of Sunrise 4350 do Drive,Sunrise 300 118 - 3/8 C of Sunrise IUW Slu a Mlli Road Davie 300 1/8 -- W1 200.00 80.9 280 93 C of Tam use 7803 NW 81at Tamarac 1,350 1/8 - 318 $ 200.00 80.93 280 93 U.S. Water (City of North 841 NW 71 Avenue, North Lauderdale 860 118 - 3/8 200.00 8 3 2 0 1 e of Wal 1100 ton Terrace Wellington 1.176 1/8 - 3/8 z o 0 TYPE 2 -- HI CAL Granular S C of Ho Wastewater 1621 N/4th Ave Hollywood5 400 Granular 150. 00 80.21 230 2 I e of Welll ion 1100 WbNin n Terrace Wellin n 040 Gramrlar 200.00 80.93 280 93 Total Annual Tonnanel 571138 ._.._- ...... .._._.._....17...... - -........._..........._......._.......,....,,. _... City of Taftiarr'ic Purchasing and Contracts Division Delivery Location Spacial Conditions: (1) Coral Springs -- Must deliver between 8:00AM and 4:OOPM Monday to Friday ONLY. (2) Hallandale Beach — Delivery to be made by a tanker truck cQ 25 Tons/shipment, time to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. (3) Hollywood w Wastewater Plant — and Village of Wellington Utilizes HI -Cal Granular Quicklime (Type 2). (See specification for Hi -Cal Granular herein.) Authorized" Signature 18 Authorized Signature Bruce D. Roothieaux, V.P., Sales TypecUPrinted Name City orTamame �M...... ._...�...... _.�.. �.. ftrrh"nq and Cantmds DfvSW Bidders Name: 81D FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO, 11 269 Continued Caxmeuse Lime & Stone NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and Ineligible for award. TERMS: 0 96 DAYS: Ne_t3.0_ days Deliveryloompletion: ? ( wd l _ calendar days after receipt of Purchase Order IF "NO BID" 18 OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please Indioate reseon(e) why a Bid Proposal Is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 19 City at 1'amar.7c Ptttcttasing and C onlrarts Divistntr REFERENCES 2't Carmeuse Lime & Stone, Inc. Southern Sales Region Longview Operation, (Saginaw, AL) List of References: Updated February 2011 for Quicklime. Agency/Firm Name Hang Couritt Water Mthority Address 1695 H!phway 20W Cqyj State ZIP McDonough, GA - 30253 Contact Name Andy Young,Purchasing Phone/Fax 770-957-6659 Term of Contract Nearly supply of quicklime Agency/Firm Name City of Tampa Address 306 E. Jackson Street, 2E city, State ZIP Temps, FL 32222 Contact Name Sharon Hartman Purchasing Phone/Fax 813-274-8351 Term of Contract Nearly supply of quicklime en /Firm Name Miami Dade Water Address 111 N.W. 1st Street city, State ZIP Miami FL - 33128 Contact Name Herman Ramse - Purchasing Agent Phone/Fax 305-275-3180 Term of Contract IYearly supply of quicklime Agency/Firm Name City of Boca Raton Address 201 West Palmetto Park Rd. city, State ZIP Boca Raton FL - 33432 Contact Name Greg Essen - Plant Manager Phone/Fax 561-338-7324 Term of Contract IYearly supply of uWme Agency/Firm Name Tampa Bay Water Address 2575 Enterprise Road ClState ZIP Clearwater, FL 33763 Contact Name Tommy Brown Senior Contracts Manager Phone/Fax 813-929-4527 Tenn of Contract IYearty supply of quicklime CERTIFICATION THIS C? EIVT MUST BE StJBM/TTED MTH THE P O EO7SAL We (1), the undersigned, hereby agree to furnish the item(a)/service(s) described In the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation for Bid, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery at no charge to the City. Replacement by the bidder shall be made within thirty (30) days of the rejection of any products, Furthermore, the undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 38t" Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Aut orized Signature W $ a M r111111111 Bruce D. Routltjaux, V.P., Sales Typed/Printed Name CORPORATION El OTHER ❑ Carmeuse Lime & Stone Company Name ** PLEASE SEE ATTACHED CORPORATE RESOLUTIOM ** 22 BIDDER'S QUALIFICATION STATEMENT Please provtda die lbow v lnknnedan as a part of your bid submkWL Failure to ROWS the bftnWan reWestad, or foam to praWde amrde and ammd inrormedm may remuit in the non of your bid. Name of Company Caameuse Lime & Stone Address 11 Stanwix Street, 21st Floor burchh, PA 15222 y fate p Pits t-- Telephone 412-995-5500 Fax Number (412)-995-5515 _ 1. How many years has your organization been in business under its present name? 5 Years (Corporate name changed in 2006... see'bblow.) 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: NJA 3. Under what former names) has your business operated?: Dravo Equipment Comnanv (Incoruorated in 1970) List former address(es) of that business (if any): N/A 4. Are you Certified? Yes ®^ No ❑ If Yes, attach copy of Certification 5. Are you licensed? Yes ® No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Represertlative ❑ Distributor ❑ Broker ❑ or Manufacturer 9 of the c ommoditles/semloes bid upon? S. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes El No El If yes, explain: (date, servicelpmject, bid We etc.) Current !u lier- s2alying since November 1, 2006 g, Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No 0 If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No [ON yes, explain: 23 CERTIFIED RESOLUTION 1, Kevin J. Whyte (Name), the duly elected Secretary of Carmeuse Lame & Stone (Corporate Title), a corporation organized and existing under the laws of the State of Delaware , do hereby certify that: the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held In accordance with law and the by-laws of the said corporation, "IT IS HEREBY RESOLVED THAT Bruce D. Routhieaux (Name)", the duly elected vice President, of sales (Title of Officer) of Carmeuse Lame & Stone (Corporate Title) be and Is hereby authorized to execute and submit a Bid and/or Bid Bond, if such band is required, to the City of Tamarac and such other Instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Mond, and other such instruments signed by him/her shall be binding , upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected In relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution Is In force and affect and has not been revised, revoked or rescinded. I further certify that the following are the name, titter and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SICNATIV19�E Bruce D. Routhieaux Vase President, Sales /�-�• Given under my hand and the Seal of the said corporation this -1st day of July , 2011. (SEAL) Secretary Kevin J. Whyte Corporate Title Secretary The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in Its behalf. 24 NON -COLLUSIVE AFFIDAVIT State of Pennsylvania ) ss. County of_ALLeahenj______j Bruce D. Rauthieaux BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT: 1. He/she is the vice President, sales , (Owner, Partner, Officer, Representative or Agent) of Carmeuse lime T stone the Proposer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4, Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this afffiant, have In any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or Indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person Interested in the proposed Work; 5. The price or prices quoted In the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, Including this affiant. )f. F. 26 0 r Admin. ce D. Routhieaux Printed Name Vide President, Sales Title NON -COLLUSIVE AFFIDAVIT State of Fq6W P nnsylvani.a. County of Allegheny On this the 21stday of duly , 20 11 , before me, the undersigned Notary Public of the State of Florida, personally appeared Bruce D. Routhieaux Vice President Sales and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. N TARY PUBLIC, STATE qFt�xx NOTARY PUBLIC Pennsylvania rNT �T1 T Tilt .l�r'a"r'i �1 Z 71il alTaL'Illira?M M I2T. Aim AW40M '4MnqSnw Jo A4o 1IKM AJ14O i'tPP►IJS 'V IUWlluw INS lep" VINVAIASNN3d dO HlTaMNOWWd (Name of Notary Public: Print, Stamp or pe as Commissioned) Personally known to me, or ❑ Produced identification; (Type of Identification Produced) ■ 1 N . 11 r r 20 City of Tainarec Purrhosirly a r~ontracts t)tvS61) VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal c9artifying they have a drug - free workplace In accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1,1991. The special oondition Is as follows: I1DEN'r1 & TI15_131t - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that cartifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing lie bids wid be followed If none of the dad vendors have a drug• free workplace program. In order to have a drug -free workplace program, a business shall; Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the anions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, 8r employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged In providing commodities or contractual svcs., that are under bid a copy of the statement specked in subsection (1), In the statement specified in subsection (1), notify they employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who Is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through Implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Au ofted Signature Bruce D. Rou.thieaux, V.P., Sales Carmeuse Lime & Slane Company Name City of Tamarac _ PuMhasinq 4 CO M ($ DMSion SWORN STATEMENT PURSUANT TO SECTION 2B7.133(3)(a), FLORIDA �'j; ILT.Ef ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. 11-25B to the City of Tsmarso for "Furhi.sh, Deliver and Discharge of 2uibklime" 2. Thls sworn statement is submitted by Carmeuse lime & stone (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) 25-1254420 (If the entity has no FEIN, Include the Social Security Number of the Individual signing this swam statement: 3. My name lS Bruce D. Routhieaux (Print name of individual signing) My relationship to the entity named above Is vice President of Sales 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(0), E1201 StaMes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, Including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Flgddo 811d means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state Mal court of record relating to charges brought by indictment or inbrmation after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who Is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents whc are active in the management of an afflliate. The owner by one person of Shares constituting a controlling interest in another person, or a pooling of equipment or Income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 38 months shall be considered an affiliate. 28 City of Tamarac Purchasing a Contracts Division 7. 1 understand that a "person" as defined In Paragraph 287.133(1)(e), Flgrlda Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" Includes those officers, directors, executives, partners, shareholders, employees, members and agents who are actives in management of an entity. 8. Based on Information and belief, the statement, which I have marked below, is true In relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after Juty 1, 1989. E] The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1988. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not In the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLOMM §IATMTEI FOR CATEGORY TWO OF ANY CHANCE IN THE INFORMATION CONTAINER IN THIS FORM. , Bruce D. Routh ux (Signature) Vice President, Sales July 21, 2011 (Date) s City Of I0117arqC Purchasing & Canhacts Division .......... ........... ACKN2W—LlEQGLnjNT State of FiftfbPennsylvania County of Allegheny On this the -21st day of July- 2011, before me, the undersigned Notary Public of the State of Florida, personally appeared Bruce D. Routhicaux, Vice President, Sales and (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OMCMDAXXX Pennsylvania I Z 1301 r.41 I ALrd W -11 0.14 SEAL OF OFFICE: COMMONWEALTH CIF Notarial Seat Millicent A. S"th, Notary Public Oty of wfturo' Aftheny cosily MY June 16,2014 U--=. D", —nia ASWOMM of Notaries (Name of Notary Public: Print, Stamp, 'Type as Commissioned) VPersonally known to me, or EI Produced Identification: 13 DID take an oath, or 0 DID NOT take an oath 111- 1--.1 ................. -- .... -'--30 APPENDIX A CONTRACTOR PASS REQUEST Vendor Name: carmeuse Lime & Stone Vendor Address: 11 Stanwix Street, 21st Floor Pittaburgh, PA 15222 Vendor Contact Name: Forrest Meeks (Florida Sales Representative) Vendor Contact Phone Number: 205-215--3735 List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed) to be Performed 31 2011 TRUCK FUEL SURCHARGE SCALE Truck Fluel Surcharges are a percentage of the truck freight rate for product nmovernent from the bidder's distrlbutkm origin to the customer's site. Trudc Fuel Surcharges are subject to orange quarterly. + The percentage of the Monthly Truck Fuel Surcharge Is computed by determining the Department of Eneugy<s US Average Diesel Price published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the bllowing webdbe: httRoUt=eio.doe.gRdomfinfo&mhdpWWmI detall t=rt mmbined.asn + Percentages change .S% for every $0.05 per gallon price change DIESEL FUEL PRICE FS m % OF DIESEL FUEL PRICE FS o % OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVLRASE 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% 1 $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 4.60% $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% $3.00 19.00% $2.40 7.00% $3.86 19.50% $2.45 7.50% $3.70 20.00% 2.50 8.00% 13.75 20.50% $2.65 8.50% $3.80 21.00% $2.80 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% .00 23.00% $2.80 11.00% $4.05 23.50% 2.86 11.50% $4.10 24.00% .90 12.00% $4.15 24.50% $2.95 1 12.50% $4.20 1 25.00% ** WILL COMPLETE IF AWARDED ** SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT Is made and entered Into this day of , 20 by and between the City of Tamarac, a municipal corporation with principal of es located at 7525 N.W. 86th Ave., Tamarac, FL 33321 (the "CITY") and a corporation with principal offloes located at .. (the "Contractor') to provide for 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. 1125B, "Furnish, Deliver and Discharge QuIcklinW, Including all conditions therein, (General Tom and Conditlona, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bldlpropoual Included herein, and all modifications issued after execution of this Agreement and Contract Exhibit A, which Is a schedule of delivered pricing for Individual delivery bcadon& These contract documents form the Agreement, and all are as fully a part of the Agreement as I attached to this Agreement or repeated therein. in the event that there Is a conflict between Bid Document No. 11 25B, "Furnish Deliver and Discharge QuloklinW, as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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 shell furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge QutrAlime In accordance with the Technical Specifications, tenure and condiflons contained in Bid Document 1125B, "Fumish, Dellver and Discharge Qukld1nW. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and preform their work In a safe and prrrfessional 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 there 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 affect, 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 servkoes described herein. 2.1A Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 11258), with photo Idendlicatton 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 leaer. 11.5 Personnel additions and/or deletions shall be reported to the CKYs designated represartadve 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 ContractaM ity vehicles, work eke, equipment, work products, reports, electronic data and anylell other Infomoatlon 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 neoessary 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, and all other Insurance as required by the City, Including Professional Liability when appropriate. Contractor shell maintain such Insurance in full force and effect during the Ilia of this Agreement. Contractor shall provide to the Chy'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. Contractors 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-insurence retentions on Contractor's Liability Insurance policy. 4) Term The tern of this Agreement shall be for an Initial three (3) year period, beginning November 1, 2011 through October 31, 2014. 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. 6) Contract Sum The Contract Sum for the above work for entities listed in Q2nyd ExNm A (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 Old No. 11-26S, "Furnish, Deliver, and Discharge Quicldime" for time Southeast Florkie Government Purchasing Cooperative entities Bated in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shag remain firm through the term of the contract, Pricing shown in Contract Exhibit A, shall be firm fior the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, °Escalation / Do - osculation" shown herein. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the Initial contract period from November 1, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis In accordance with Section 3.0, "Escalation / De- esc:alsdon' shown herein. 6.2 In consideration of fluctuations In fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. 6.2.2 ggil Surcharge — The rail fuel surcharge rate will be based on actual contrails, Invoices or published rates of the contractors rail cancer. Contractor shall provide documentation regarding the rail canters 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 roll fuel surcharge schedule as part of their bid submittal In the area provided In Appendix B herein. 5.2.3 jig Surchame - 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 Inforrrrartlon Administration (DOE) for the third Mondry 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 Appendix B 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: htb)Mgnto.ele.dce.acvb n hd dgWlleseLl l scout ggMWffidjgR 6.3 5.3.1 The City will accept price adjustments on a quarterly basis on January I", April 1`c, July 1'' and October 1a of each year. The Contractor must submit sufficient documentation to be given oonsidenatton for a price increase, and must pass -on a price decrease when the Contractors costs are reduced. Approved documentation Includes, but Is not limited to published U.S. Department of Energy (DOE) reports on goat costs, Plett's Coal Index, U.S. Bureau of Labor Statistics, (BLS) reports on Producer Price Index (PPI) for all commodil K U.S. Energy Information Administration WTI publications on spot cards oil prices, BLS Electric Power Generation, Tranemisston 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 vendors frrdght and transfer subcontractors, provided to the Purchasing & Contracts Division prior to initial contract term expiration of the Agreement. All Raft and Truck fuel surcharges will be applied Initially on November 1, 2011. subject to charge in acanderm with the schedule provided In Section 3.C.1 herein. 5.3.3 The City acknowledges that Contractor's rail and truck carriers adjuat fuel surcharges monthly. The Contractor will apply teal 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 cokculeted In accordance with Section 6.2 of this Agreement, utilizing Appendix B to the original bid &11-2613. At the end of each quarter, the Contractor w6 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. 35 5.3.4 Cost adjustments, in ati cases, shell reflect only a direct pass-throtah of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recogntred govemment/Industry indices or combination of Indices to be mutually agreed upon by the City and Contactor, when determining price Increases. 8) Payments A monthly payment will be made fbr work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 11-268. A payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VIi; Chapter 7) CONDITIONS OF MATERIALS M maiefts and pmducb supplied by the Bidder In oorgurxlbn with this bld shall conform to the ins of the bid. The City reserves tits right to retum the product to the Bidder and require the delivery of new product at no cost to the City. 8) IndemrriNcsUon 8.1 The Contractor shalt Indemnify and hob harmless the City, Its elected and appointed of flak, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of W, bodily or personal Injury, or property damage, including loss of use thereof, directly or Indiredtly 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 Iffe, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed of tdats 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 hsreoi 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. 1. The Contractor shall pay all claims, bases, Yens, settlements or judgments of any nature whatsoever to connection with the foregoing Indemnificallors including, but not 8rdted to, reasonable atbmey's fees (Including appellele attomeft face) and costs. 11. City reserves the fight to select its own legal counsel to conduct any defense in any such proceeding and all oasts and fees assodetad therewith shall be the responsibility of Contractor under the Indemnification agreement. 8.3 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 tit Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, martial status, political aflillation, famillal status, sexual orientation, or disability N qualified. The Contractor will 30 i a take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sox, religion, age, national origin, marital status, political afdiiation, famigel status, sexual orientation, or dloabfiity if quaMW, 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 shall agree to post in conspicuous places, available to employees and apploonts for employment notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that halshe will ensure that Subcontractors, If any. wits be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employ omployer 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 Miami Revenue Code, the State Workers Compensation Act, and the State Unemployment Insurance hew. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractors activities and responsibilities hereunder provided, further that adminlatrative 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 Contractors 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 otter 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 whiten nodoo 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 Ck Attomev at the following address: Goren, Cheof, Doody S Farol, P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 _-............... ........... ...............--- I A. z k7� 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 misted to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall Indemnify the city against lose pertaining to this termination. 13.2 Dekuft by Contraclor. 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. 14) Unoonrolieble 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 evold. The term "Uncontrollable Forces" shall mean any event which resub 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 M 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 perfommanoe by an uncontrollable force, ghre written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 18) 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 Clty Commission of the City of Tamarac in the annual budget far each fiscal year of this Agreement, and is subject to termination based an "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 Agreerrment. 18) Severabillty; Waiver of Provisions ___........... .... _................_.... w........... .......... _.... - ............... .............. __ .._.........---_...----- If N Any pmvisln In this Agreement that Is prohibited or unenforceable In any jurisdiction shall, as do such jurisdiction, be Ineffective to the extent of such prohibition or unenfaceability without invalidating the remaining provislons hereof or affecting the validity or enforoesbilfty 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 consdbAes the entire Agreement between the Contractor and the City, and negotiations and oral understandinge between the parties are merged herein. Thls.Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 90) 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 conMbuted to the drafting of this Agreement. Chen 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. 39 r 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 duly authorized to execute same. ATTEST: Peter M.J. Richardson, CRM, CMC City Clerk Date ATTEST: CITY OF TAMARAC Pamela Bushnell, Mayor Date Michael C. Cemech, City Manager Date Approved as to form and legal sufflclency: City Attorney Date Company Name Signature of Corporate Secretary Signature of PresldentfOwner Type/Pdnt Name of Corporate Secy. Type/Print Name of PresidentfOwner (CORPORATE SEAL) L0II^ 40 1 1 CORPORATE ACKNOWLEDQENMT STATE OF :SS COUNTY OF ** WILL COMPLETE; IF AWARDED *0 I HEREBY CERTIFY that an this day, before me, an Officer duly authorized In the Stag aforesald and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the parson(s) described in and who executed the faregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and otticlel seal this. day of . 20_. Signature of Notary Public State of Florida at large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identifttkm Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. _._..._._....... _._....--. ................... ..... _..._ _..._........_.__ a�...._...__ ._.. ,eX �, lr,v t J:R "•V" ]�; �..adJf'�' �P<".�If )+;� 7J•!f� (:OI'ilf S'"r,: ��...1+, ;: er ....-:...----..... ......_ .............._ _.-......... .....-........ .------------- -............. _.:....... _._-.-.._....... ........ -... AGREEMENT -1 =r 171 =1 =IMt:L:Ks1kAX*]*f,L`iI_1XTo] AND CHEMICAL LIME COMPANY OF ALABAMA, LLC THIS AGREEMENT is made and entered into this4i day of (W' d , 201/ by and between the City of Tamarac, a municipal corporation witg principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Chemical Lime Company of Alabama, LLC an Alabama Limited Liability corporation with principal offices located at 3700 Hulen Street, Ft. Worth, Texas 76107 (the "Contractor") to furnish, deliver and discharge quicklime for the City of Tamarac, and members of the Southeast Florida Government 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. 11-25B, "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 Exhibit A, which is a schedule of delivered pricing for individual delivery locations. 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. 11-25B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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 11-25B, "Furnish, Deliver and Discharge 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. 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 11- 25B), 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, 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. 4) Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2011 through October 31, 2014. 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 Exhibit A (per the unit pricing provided in Contractor's bid response dated July 26, 2011 which 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. 11-25B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A, shall be firm for the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, "Escalation / De-escalation" shown herein. 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 Appendix B 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: htta:✓✓tonto.eia.doe.aov/ooa/info/wohdD/diesel detail reoort combi ned.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, 2011, subject to change in accordance with the schedule provided in Section 3.C.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 #11-25B. 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 11-25B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7) CONDITIONS OF MATERIALS 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. 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 attorney's fees) and costs. 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 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 1 Q) 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 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 Chemical Lime Company of Alabama, LLC 3700 Hulen Street Ft. Worth, TX 76107 Attn: John Thompson, Florida Sales Manager Telephone No.: (877) 644-9010 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. 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) NQ, 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. 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 Florida Sales Manager duly authorized to execute same. Peter M.J. Richard n,-GRM, CIVICCity Clerk �tZ74))i0011 Date \\\\\` F 'TAM q O• 9 p': d 19r03 ra= ATTEST: ��. q,9• .�,\.: CO Signature of Corporate Secretary C17 OF TAMARAC Pamela Bushnell, Mayor ichael C. Cernech, Ci y-Manager _C Ia I I Date Approved as to form and legal sufficiency: City Att,Vney F/2z/// Date CHEMICAL LIME COMPANY OF ALABAMA, LLC C n N e ignature of Floridb Sales Manager K-Q�+n� �• �p, John L. Thompson Type/Print Name of Corporate Secy. Florida Sales Manager (CORPORATE SEAL) 08/02/2011 Date CORPORATE ACKNOWLEDGEMENT STATE OF Florida SS COUNTY OF Polk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L. Thompson, Florida Sales Manager of Chemical Lime Company 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. day of 08/02 , 201 1. . ' El IETH A. HART-- *_ MY COMMISSIONNDD890969 Signature of Notary Public 2013 ftKWmN'N«a,,, u a State of Florida at Large Elizabeth A. Hart: Print, Type or Stamp Name of Notary Public [X] Personally known to me or ❑ Produced Identification Type of I.D. Produced M DID take an oath, or ❑ DID NOT take an oath. Contract Exhibit A AGENCY DELIVERY ADDRESS EST. ANNUAL USAGE PEBBLE SIZE TYPE 1 — Pebble Lime Broward County Dist. 1 3701 N State Road 7 2,500 1/8-3/8 Broward County Dist. 2 1390 NE 51 St. 4,800 1/8-3/8 City of Coral Springs 1 3800 NW 85th Avenue, Coral Springs 2,000 1/8-3/8 City of Dania Beach 1201 Stirling Road, Dania Beach 637 1/8-3/8 Town of Davie 3500 NW 76th Avenue, Davie 766.5 1/8-3/8 Town of Davie 3790 SW 64th Avenue, Davie 465A 1/8-3/8 City of Deerfield Beach 290 Goolsby Blvd. — West Plant, Deerfield Beach 1524 1/8-3/8 City of Deerfield Beach 150 NE 2"d Ave. 102 1/8-3/8 City of Fort Lauderdale 949 NW 381h St., Ft. Lauderdale 11,500 1/8-3/8 City of Hallandale 2 215 NW 6th Avenue, Hallandale 2,176 1/8-1/2 Citv of Hollvwood 3441 Hollywood Blvd., Hollywood 2,482 1/8-3/8 Cit of Lauderhill 2001 NW 49th Avenue, Lauderhill 1,570 3/8-1/2 C:i!y Of Margate 980 NW 66`h Ave, Margate 2,600 1/8-1/2 City Of Miramar 2600 SW 661h Terrace, Miramar 1,000 1/8-3/8 City of North Miami 12098 NW 1VAve, North Miami 1,440 1/8--3/8 City of North Miami Beach 19150 NW 81h Ave, Miami Gardens 2,500 1/8--1/2 City Of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4,500 1/8-3/8 City of Pompano Beach 301 NE 12th Street, Pompano Beach 2,500 1/8-3/8 City of Sunrise 4350 S rin tree Drive, Sunrise 3,600 1/8-3/8 City of Sunrise 15400 Sludge Mill Road, Davie 360 1/8-3/8 City of Tamarac 7803 NW 61st Street, Tamarac 1,350 1/8-3/8 U.S. Water (City of North Lauderdale 841 NW 715t Avenue, North Lauderdale 650 1/8-3/8 Village of Wellington 1100 Wellington Terrace, Wellington 1,175 1/8-3/8 TYPE 2 -- Hi CAL Granular 3 Village of Wellington 1100 Wellington Terrace, Wellington 240 Granular Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE Broward County Dist. 1 3701 N State Road 7 Lauderdale Lakes 33319 W. Ruffin 954/831-4128 Broward County Dist. 2 1390 NE 51 St. Pompano Beach 33064 K. Stamand 954/831-4121 City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Roxanne Sookdeo 954/344-1103 City of Dania Beach 1201 Stirling Road Dania Beach 33004 James Baker 954/924-3674 Town of Davie 3500 NW 76th Avenue S4S I11 Davie 33314 Neil Buckerid a 954/327-3748 Town of Davie 3790 SW 64th Avenue S4S I Davie 33314 Neil Buckerid a 954/327-3748 City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Jim Bennett 954/480-4370 City of Fort Lauderdale 949 NW 38"' Street Ft, Lauderdale 33309 Rick Johnson 9541828-7865 City of Hallandale Beach 215 NW 6th Avenue Hallandale 33009 Hal Elsasser 954/457-1632 City of Hollywood, 3441 Hollywood Blvd. Hollywood 33020 Carlos A uilera 954/967-4230 City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Afeworki Ghebrehiwet 954/730-2972 CL Of Margate 980 NW 66 Ave. Margate 33063 Rick Van Acker 954/972-0828 City Of Miramar 2600 SW 661h Terrace Miramar 33023 Bill Knee 954/605-7773 City of North Miami 12098 NW 11 Ave. North Miami 33168 Wisler Pierre -Louis 305/895-9834 City of North Miami Beach 19150 NW 81h Ave North Miami Beach 33162 Pat Mitchell 305/650-0000 City Of Pembroke Pines 7960 Johnson Street Pembroke Pines 33026 Michael E. Ponce 954/986-5011 City of Pompano Beach 301 NE 121h Street Pompano Beach 33060 Leeta Hardin 954/786-4098 City of Sunrise 4350 S rin tree Drive Sunrise 33351 Jim Dolan 954/572-2424 City of Sunrise 15450 Slud emill Road Davie 33331 Dan Buchta 954/434-6900 City of Tamarac 7803 NW 61st Street Tamarac 33321 John Fletcher 954/597-3777 U.S. Water (City of North Lauderdale 841 NW 71 Avenue North Lauderdale Gene Riley 954/722-0900 Village of Wellington Pebble 1100 Wellington Trace Wellington 33414 Sean McFarland 561/791-2465 Village of Wellington Granular 1100 Wellington Trace Wellington 33414 Bryan Gayoso 561/791-4039 of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME AND STONE INCORPORATED THIS AGREEMENT is made and entered into this JIday of 20%l by and between the City of Tamarac, a municipal corporation With principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Carmeuse Lime and Stone, Inc., a Delaware corporation with principal offices located at 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222, (the "Contractor") to furnish, deliver and discharge quicklime for member(s) of the Southeast Florida Government Purchasing Cooperative as provided herein. 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. 11-25B, "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 Exhibit A, which is a schedule of delivered pricing for individual delivery locations. 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. 11-25B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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 11-25B, "Furnish, Deliver and Discharge 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 of Tamarac Purchasing and Contracts Division 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. 11- 25B), 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, 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 City of Tamarac Purchasing and Contracts Division 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. 4) Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2011 through October 31, 2014. 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 Exhibit A (per the unit pricing provided in Contractor's bid response dated July 26, 2011 which 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. 11-25B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A, shall be firm for the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, "Escalation / De-escalation" shown herein. 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 Surchar e — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail of Tamarac Purchasing and Contracts Division 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 Appendix B 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 combi ned.asp 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 1st, April 15t, 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, 2011, subject to change in accordance with the schedule provided in Section 3.C.1 herein. of Tamarac Purchasing and Contracts Division 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 #11-25B. 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. G) 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 11-25B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7) CONDITIONS OF MATERIALS 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 City of Tamarac Purchasing and Contracts Division 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. 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 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 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 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 of Tamarac Purchasing and Contracts Division 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 of Tamarac Purchasing and Contracts Division CONTRACTOR Carmeuse Lime and Stone, Inc. 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222 Attn: Bruce D. Routhieaux Telephone No.: (412) 995-5500 salesinfo(@carmeusena.com 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. 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 City of Tamarac Purchasing and Contracts Division 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. of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President of Sales, duly authorized to execute same. n Pefer M.J. Richardson,-CRM, CMC City Clerk) 1/1 Date \\���`O ...... q,9''%� A. •.90 . w . ESTABLISHED i Q; 1963 O SEAL . 'Z ATTEST: ..... Signature pf Corporte Secretary Kevin J. Whyte Type/Print Name of Corporate Secy (CORPORATE SEAL) CIy OF'TAMARAC OW til Pamela Bus nell, Mayor -Michael C. Cernech, City Manager ri, (1� /25 Date Appro a �,a"s� to form and legal sufficiency: ,TL Ah!'2 City ttorney Date CARMEUSE LIME & STONE, INC. CoTony Namr�6� e 't ignature of Florida Sales Manager , Forrest Meeks r Bruce D. Routhieaux &V, a, Vice President of Sales August 1, 2011 Date of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF r', SS and Contracts Division 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, 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 of20 COMMON ply PENNSYLVANIA - Notarial Millicent A. Smith, Notary Public Signature of Notary Public M of Plttaburgh, Alieghany county State Of at Large My Commi�slon wns 16 Z014 !fl Member. PenhWlVahlb A iOon .. Notaries cv� .N' i `7— r, 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. of Tamarac Contract Exhibit A Purchasing and Contracts Division AGENCY DELIVERY ADDRESS EST. PEBBLE ANNUAL SIZE USAGE TYPE 2 -- Hi CAL Granular 3 [City of Hollywood lWastewater, 1621 N14th Ave, Holl ood 5,400 Granular