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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-0971 Temp Reso #11902 Page 1 June 30, 2010 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE FOURTH RENEWAL OPTION OF AGREEMENTS TO "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO, AND EXECUTE AGREEMENT AMENDMENTS WITH, CHEMICAL LIME COMPANY OF ALABAMA, LLC FOR THE CITY OF TAMARAC AND ON BEHALF OF SEVENTEEN MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; AND WITH CARMEUSE LIME & STONE, INCORPORATED ON BEHALF OF TWO MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, FOR A PERIOD OF ONE YEAR PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac served as "lead agency" on Bid 06-33B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative ("the Co-op") which was awarded, on behalf of the City and seventeen (17) other agencies, to, and an Agreement executed with Chemical Lime Co. of Alabama, LLC (Chemical Lime), as evidenced by Resolution R-2006-205, a copy of which is on file with the City Clerk; and WHEREAS, as the lead agency for the Co-op, the bid was also awarded to and an Agreement executed on behalf of two (2) agencies with the Co-op with Temp Reso #11902 Page 2 June 30, 2010 Carmeuse Lime Sales Corporation as further evidenced by Resolution R-2006- 205; and WHEREAS the City Commission of the City of Tamarac authorized the first, second and third renewal options for both Chemical Lime Co., and Carmeuse Lime & Stone, Inc. as evidenced by Resolutions R-2007-146, R-2008- 142, and R-2009-130 , copies of which are on file with the City Clerk; and WHEREAS, both Chemical Lime and Carmeuse Lime & Stone, Inc. are agreeable to exercising the fourth one (1) year renewal option; and WHEREAS, pursuant to Section 5 of the executed Agreements, Chemical Lime and Carmeuse Lime & Stone, Inc. may seek a price adjustment at the time of renewal based on actual costs or in accordance with a recognized index; and WHEREAS, current dynamic economic conditions dictate that the best interests of the City and the "Co-op" will be met by the continuation of an ongoing quarterly material price adjustment formula for Chemical Lime customers, and a semi-annual material price adjustment formula for Carmeuse Lime & Stone, Inc. customers, which allow for escalation and de-escalation of material pricing on a quarterly basis, effective October 1st, January 1st, April 1 St and July 1st of each year for Chemical Lime customers and on a semi-annual basis, with adjustments effective January 1st and July 1st of each year for Carmeuse Lime and Stone customers; and WHEREAS, Carmeuse Lime & Stone, Inc. has submitted documentation justifying a price increase based on increases for fuel surcharges and other direct Temp Reso #11902 Page 3 June 30, 2010 administrative costs for two (2) agencies with the Co-op, which will take effect on November 1, 2010, with adjustments to be made on a semi-annual basis thereafter; 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 the fourth renewal option for the Agreement awarded as a result of Bid #06-33B be exercised and an agreement Amendment be executed with Chemical Lime for furnishing, delivering and discharging quicklime, for a period of one year for the City of Tamarac, and on behalf of seventeen (17) agencies in the Co-op; a copy of said Agreement Amendment #4 is attached hereto as Exhibit "1 "; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that the fourth renewal option for the Agreement awarded as a result of Bid #06-3313 be exercised and an Agreement Amendment be executed with Carmeuse Lime & Stone, Inc. for furnishing, delivering and discharging quicklime, for a period of one year on behalf of two (2) agencies in the Co-op, a copy of said Agreement Amendment #4 is attached hereto as Exhibit "2"; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to exercise the fourth renewal option for Bid 06-33B and execute Agreement Amendment #4 Temp Reso #11902 Page 4 June 30, 2010 with Chemical Lime for furnishing, delivering and discharging quicklime, for a period of one year on behalf of the City of Tamarac and seventeen (17) 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 exercise the fourth renewal option for Bid 06-33B and execute Agreement Amendment #4 with Carmeuse Lime & Stone, Inc. for furnishing, delivering and discharging quicklime, for a period of one year on behalf of two (2) agencies in the Southeast Florida Governmental Purchasing Cooperative. 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 attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: Agreement Amendment #4 for the Agreement executed as a result of the award of Bid 06-33B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime, on behalf of the City of Tamarac and sixteen (16) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. Temp Reso #11902 Page 5 June 30, 2010 SECTION 3: The appropriate City officials are hereby authorized to execute Agreement Amendment #4 with Chemical Lime as part of said award, a copy of which is attached hereto as Exhibit "1" on behalf of seventeen (17) entities within the Southeast Florida Governmental Purchasing Cooperative. SECTION 4: Agreement Amendment #4 for the Agreement executed as a result of the award of Bid 06-33B, "Furnish, Deliver and Discharge of Quicklime", to Carmeuse Lime & Stone, Inc., on behalf of two (2) agencies in the Southeast Florida Governmental Purchasing Cooperative, attached hereto as Exhibit "2" is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute Agreement Amendment #4 with Carmeuse Lime & Stone, Inc. as part of said award, a copy of which is attached hereto as Exhibit "2" on behalf of two (2) agencies in the Southeast Florida Governmental Purchasing Cooperative. 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. I Temp Reso #11902 Page 6 June 30, 2010 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this4�7day of 2010. BETH TALABISCO MAYOR Record of COMMISSION VOTE: ,MARIO"W NSON C MAYOR TALABISCO _ CITY CLERK DIST 1: COMM BUSHNEL DIST 3: COMM GLASSER DIST 4: VM DRESSLER 1 HEREBY CERTIFY that 1 have approved this RESQLUTION as to form. 7// �41P EL S'GO'F ' ATTORN City of Tamarac Purrhasing and Contracts Division AGREEMENT AMENDMENT #4 BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, LLC The CITY OF TAMARAC (City) and Chemical Lime Company of Alabama, LLC (formerly Chemical Lime Company of Alabama, Inc.), an Alabama limited liability corporation, with principal offices located at 3700 Hulen Street, Ft. Worth, Texas 76107, agree to amend that certain Agreement between the City of Tamarac and Chemical Lime Company of Alabama, LLC (formerly Chemical Lime Company of Alabama, Inc.) dated October 25, 2006, as amended, (the "Agreement') as follows: 1. Pursuant to the terms of Section 4 Time of Commencement and Substantial Completion, of the Agreement the City and Chemical Lime Company of Alabama, LLC exercise the fourth renewal option for the term November 1, 2010 through October 31, 2011. 2. All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, and Chemical Lime Company of Alabama, LLC, signing by and through its Florida Sales Manager, duly authorized to execute same. ATTEST: j,parion Swenson, C IrCity Clerk f P 7 0W iv Date ATTEST: (Corporate Secretary) f 14- I S Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMAR A/'W � i I Beth Flansbaum-Talabisco, Mayor 7 , /G Date , O` 117e Jeffrok Wier, City Manager `7 0 o.1i 0 Date Approve as to form an(d] legal sufficiency: I dfA ��mueI S. Goren, City Attorney 7 I-,�011_0 Date Chemical Lime Company of Alabama, LLC o ny am C C"��o 141—, gnature of Florida Sales Manager John Thompson Florida Sales Manager lwc' Zo I u 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 Thompson, Florida Sales Manager for 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 15 day of June, 2010 Signature of Notary Public State of FL at Large Elizabeth A. Hart Print, Type or Stamp Name of Notary Public ® Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ® DID NOT take an oath. "N"t EUZABM A. HART Cl`► W COMMISSION A DO 8M9 ' EXPIRES: Se�erober 17, 2013 k 911. eonded Thru Notary Pubic urMerw b. City of Tamarac Purchasing and Contracts Division AGREEMENT AMENDMENT #4 BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME & STONE, INC. The CITY OF TAMARAC (City) and Carmeuse Lime & Stone, Inc. (Carmeuse), a Delaware corporation, with principal offices located at 11 Stanwix Street, 11 th Floor Pittsburgh, PA 15222, agree to amend the original Agreement as follows: 1. Pursuant to the terms of Section 4, Time of Commencement and Substantial Completion, of the original Agreement dated October 25, 2006, the City and Carmeuse exercise the third renewal option for the term November 1, 2010 — October 31, 2011. 2. Pursuant to the price increase provisions of Section 5, Contract Sum, Exhibit A of the Agreement shall be amended as provided and detailed on the revised Exhibit A attached hereto, which reflects approximate pricing on November 1, 2010 (See Contract Exhibit A, Attachment D, pp. D1 — D2), January 1, 2009 (See Contract Exhibit A, Attachment E, pp. E1 — E2), and April 1, 2009 (See Contract Exhibit A, Attachment F, pp. F1 — F2), and quarterly thereafter (additional price change dates on July 1 and October 1 using the same price change methodology.) Price adjustment formula examples for material cost changes are included in Contract Exhibit A, Attachments A & B. 3. Section 5, Contract Sum, shall be amended as follows: 5.1 The Contract Sum for the above work for entities listed in Contract Exhibit A, based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 06- 33B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. Pricing under this Agreement shall be in accordance with Contract Exhibit A. AllPFises, Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm feF the through the term of the contract, Pricing shown in Contract Exhibit A, shall be adjusted beginning on November 1, 2010, followed by semi-annual adjustments on January 1 S and July 1 S in accordance with Section 5.2 contained herein. City of Tamarac Purchasing and Contracts Division expiFatiGR. 5.2 Escalation/De-escalation: To qualify for any increase in the Contract Sum, the vendor must submit documentation for product price changes. 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. 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 2010, subiect to change each January 1st and July 1 s . All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank of Tamarac and Contracts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, and Carmeuse, signing by and through its Vice President of Sales, duly authorized to execute same. A� 61� M kaN o wensoVCMC ATTEST: ( orpor a Secr ary) Kevin J. Whyte Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAM AC "'a�4'�o Beth Talabisco, Mayor 7/j ho Date Jeffre . Mi er, City Manager ✓1� % z410 Date Approved as to form and legal sufficiency: 3 Cramuel 13. Goren, City Attorney II0I 1) Date Carmeuse Lime & Stone, Inc. Company Name & if" ignature of Vice President of Sales Bruce D. Routhieaux Vice President of Sales July 1, 2010 Date City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF Pennsylvania :SS COUNTY OF Allegheny I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Bruce D. Routhieaux, Vice President of Sales of Carmeuse Lime & Stone, Inc., a Delaware Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this ist day of July , 20 10 I �'Zzf' Signatu a of Notary Public State of 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. COMMONWEALTH OF PENNSYLVANIA Notmal Seal Elaine E %kosh, Notary Public CKY Of PiitibWA Allwfimy County My Co W**n 60M Aug. 30, 2010 Member, t'S- 114y rrdr. hasoctetion of Notaries City of Tamarac Purchasing and Contracts Division AGENCY DELIVERY ADDRESS ESTIMATED ANNUAL USAGE TYPE 1— Pebble Lime City of Dania Beach 1201 Stirling Road, Dania Beach 624 TYPE 2 — High Cal Granular City of Hollywood (3) lWastewater, 1621 N. 141hAve., Hollywood 5000 Total Estimated Annual Tonnage 5624 of Tamarac Purchasing and Contracts Division CONTRACT EXHIBIT A Pricing and Price Adjustment Information City of Tamarac Purchasing and Contracts Division 1. = The BLS Employment Cost Index (CIU201 G000400001 (B,I)) for total compensation for private industry companies - goods -producing, natural resources, construction and maintenance will be the first available index for the second quarter prior to adjustment. The base index of the Labor cost component is 111.3 for quarter three of 2009 and will remain fixed for the duration of the agreement. 2. = The three month average of the last reported monthly index for Platt's Coal Outlook, Thacker/Kenova (1.2) with the last month of the three month average being the second month prior to the adjustment. The base index of the Coal cost component is 58.60 as of November 2009 and will remain fixed for the duration of the agreement. 3. = The BLS Electric Power Generation, Transmission and Distribution Index (WPU054) will be used as the index for the Power cost component. The referenced index will be applied to the pricing adjustment by obtaining the first available index as of the second month prior to the adjustment. The base index for the Power cost component will be 176.3 as of November 2009 and will remain fixed for the duration of the agreement. 4. = The BLS Crushed & Broken Limestone Index (PCU2123122123120) will be used as the index for the Stone cost component. The referenced index will be applied to the pricing adjustment by obtaining the first available index as of the second month prior to the adjustment. The base index for the Stone cost component will be 232.0 as of November 2009 and will remain fixed for the duration of the agreement. 5. = The BLS Mining Machinery and Equipment Index (WPU1192) will be used as the index for the Machinery cost component. The referenced index will be applied to the pricing adjustment by obtaining the first available index as of the second month prior to the adjustment. The base index for the Power cost component will be 218.2 as of November 2009 and will remain fixed for the duration of the agreement. 6. = The BLS Industrial Commodities Index (WPU03THRU15) will be used as the index for the Inflationary (PPI) cost component. The referenced index will be applied to the pricing adjustment by obtaining the first available index as of the second month prior to the adjustment. The base index for the Inflationary cost component will be 178.1 as of November 2009 and will remain fixed for the duration of the agreement. - "first available index", i.e. the index that is made available by the BLS as of the date the pricing adjustment is performed. - "second month prior to the adjustment", i.e. the July 2010 pricing adjustment would use the adjusted indices as of the month of May 2010 and the January 2011 pricing adjustment would use the adjusted indices as of the month of November 2010. of Tamarac QUOTECARMEUSIC anwrx tree[, Floor) TO: City of Dania 1200 Sterling Road Dania, FL 33004 Attn: Keith G/atz Re: Contract Renewal 081209 Tons 625 tons Phone 954 597-3567 Fax Account's Fax number CC: and Contracts Division Date 612812010 Forrest Meeks Sales Representative Cell Phone - (205) 215-3735 Carmeuse Lime, Inc. /Carmeuse Lime & Stone, Inc. (Corporate Office) 11 Stanwix, 11th Floor Pittsburgh, PA 15222 866-780-0974 - Corporate Inside Sales To Place An Order - Call Customer Service Ren: Maple Grove & Grand River 800-4453920 Chicago & Buffington 800-621-2154 Black River, KY 866-236-9140 River Rouge 866-243-0964 Annville & Hanover 866-277-8041 Longview 866-236-9142 Terminals 800-783-5392 Pittsburah Fax (41219955515 (Purchase Orders) High Calcium Quicklime Granular (CSXF 10348) Rail Freight (CS)UFuel Surcharge) Ft. Lauderdale FOB Longview, AL Fuel Surcharge = $1.82 $0.22/mi. $140.08/ton $ 62.42/ton Truck Freight (Walpole, 24 ton Minimum) ................................................ $ 9.23/ton Fuel Surcharge (27% - 6 month average) ................................................ $ 2.49/ton *Admin Fee 5.5% ................................................ $ 0.51/ton Delivered Price $214.73/ton • IF QUOTE ACCEPTED PRICE GOOD TILL 12/31/2010 • ALL QUOTES GOOD FOR 30 DAYS FROM ISSUE DATE (unless agreed to otherwise in bid) • ALL TAXES ARE EXTRA IF APPLICALBLE • THIS PRICE IS BASED ON AVAILABILITY OF MATERIAL • TERMS NET 30 DAYS FROM DATE OF INVOICE (unless agreed to otherwise in bid) • Carmeuse Lime will guarantee to meet the information on the Product Typical Sheets enclosed. • Enclosed are Terms and Conditions IN NO EVENT SHALL CARMEUSE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCT OR CARMEUSE'S OBLIGATIONS HEREUNDER. All sales are expressly contingent upon this limitation of liability. To the extent any purchase order contains terms or conditions different from or contrary to such limitation, then such terms or conditions are objected to, null and void, and will not form a part of the parties' contract. *Any freight charges where it is necessary for Carmeuse to prepay for shipment will carry an Administration Fee of 5 Y2 %. Exceptions: of Tamarac DOTE City of Hollywood WWTP 1621 North 14th Avenue Hollywood, FL 33020 Contract Renewal 081209 Account's Fax number and Contracts Division I Date 6/28/2010 Forrest Meeks Sales Representative Cell Phone — (205) 215-3735 Carmeuse Lime, Inc. /Carmeuse Lime & Stone, Inc. (Corporate Office) 11 Stanwix, 11th Floor Pittsburgh, PA 15222 866-780-0974 — Corporate Inside Sales To Place An Order - Call Customer S Maple Grove & Grand River 800-445-3920 Chicago & Buffington 800-621-2154 Black River, KY 866-236-9140 River Rouge 866-243-0964 Annville & Hanover 866-277-8041 Longview 866-236-9142 Terminals 800-783-5392 Pittsburgh Fax (4121995-5515 (Purcha, High Calcium Quicklime Granular (CSXF 10348) Rail Freight CSX/Fuel Surcharge) Ft. Lauderdale FOB Longview, AL Fuel Surcharge = $1.82 $0.22/mi. $140.08/ton $ 62.42/ton Truck Freight (Walpole, 24 ton Minimum) ................................................ $ 9.23/ton Fuel Surcharge (27% - 6 month average) ................................................. $ 2.49/ton *Admin Fee 5.5% ................................................ $ 0.51/ton Delivered Price I $214.73/ton • IF QUOTE ACCEPTED PRICE GOOD TILL 12/31/2010 • ALL QUOTES GOOD FOR 30 DAYS FROM ISSUE DATE (unless agreed to otherwise in bid) • ALL TAXES ARE EXTRA IF APPLICALBLE THIS PRICE IS BASED ON AVAILABILITY OF MATERIAL • TERMS NET 30 DAYS FROM DATE OF INVOICE (unless agreed to otherwise in bid) • Carmeuse Lime will guarantee to meet the information on the Product Typical Sheets enclosed. • Enclosed are Terms and Conditions IN NO EVENT SHALL CARMEUSE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCT OR CARMEUSE'S OBLIGATIONS HEREUNDER. All sales are expressly contingent upon this limitation of liability. To the extent any purchase order contains terms or conditions different from or contrary to such limitation, then such terms or conditions are objected to, null and void, and will not form a part of the parties' contract. *Any freight charges where it is necessary for Carmeuse to prepay for shipment will carry an Administration Fee of 5-Y2 %. Exceptions