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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-142TeMp Reso #11471 Page 1 August 27, 2008 Revision 1, September 18, 2008 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE SECOND RENEWAL OPTION OF AGREEMENTS TO "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO, AND EXECUTE AGREEMENT AMENDMENTS WITH, CHEMICAL LIME COMPANY OF ALABAMA, INC. FOR THE CITY OF TAMARAC AND ON BEHALF OF FIFTEEN 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 WITH TWO (2) 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 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 fifteen (15) other agencies, to, and an Agreement executed with Chemical Lime Co. of Alabama, Inc. (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 #11471 Page 2 August 27, 2008 Revision 1, September 18, 2008 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 renewal options for both Chemical Lime Co., and Carmeuse Lime & Stone, Inc. as evidenced by Resolution R-2007-146, a copy of which is on file with the City Clerk; and WHEREAS, both Chemical Lime Co. and Carmeuse Lime & Stone, Inc. are agreeable to exercising the second one (1) year renewal option; and WHEREAS, pursuant to Section 5 of the executed Agreements, Chemical Lime Co. 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 development of an ongoing quarterly material price adjustment formula for Chemical Lime Co. customers, which allows for escalation and de-escalation of material pricing on a quarterly basis, effective November 1st, January 1st, April 1st and July 1st of each year; and WHEREAS, Chemical Lime Co. has submitted documentation justifying a price increase based on increases in rail freight, truck freight, and re -loading costs from rail cars to trucks; and Temp Reso #11471 Page 3 August 27, 2008 Revision 1, September 18, 2008 WHEREAS, the increase proposed by Chemical Lime Co. for rail freight, rail transfer costs and truck freight will take effect in multiple stages, beginning with an increase in the City's delivered price from $192.05 per ton to an approximate delivered price of $197.43 per ton on November 1, 2008, due to estimated increases in material costs and fuel surcharges; an approximate delivered price of $223.71 on January 1, 2009 due to estimated increases in material costs, fuel surcharges and $3.33 for rail freight rates and re -loading; and an approximate delivered price of $224.01 rates on April 1, 2009 due to estimated increases in material costs, fuel surcharges and $0.30 to $0.32 increase in truck freight rates; and WHEREAS, Carmeuse Lime & Stone, Inc. has submitted documentation justifying a price increase based on increases for fuel surcharges and other direct administrative costs for two (2) agencies with the Co-op, which will take effect on November 1, 2008; 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 second renewal option for the Agreement awarded as a result of Bid #06-3313 be exercised and an agreement Amendment be executed with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with three (3) additional one (1) year renewal options for the City of Tamarac, and on Temp Reso #11471 Page 4 August 27, 2008 Revision 1, September 18, 2008 behalf of fifteen (15) agencies in the Co-op; a copy of said Agreement Amendment #2 is attached hereto as Exhibit "1"; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that the second renewal option for the Agreement awarded as a result of Bid #06-33B 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 with two (2) additional one (1) year renewal options on behalf of two (2) agencies in the Co- op, a copy of said Agreement Amendment #1 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 second renewal option for Bid 06-33B and execute Agreement Amendment #2 with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with two (2) additional one (1) year renewal options, on behalf of the City of Tamarac and fifteen (15) 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 second renewal option for Bid 06-33B and execute Agreement Amendment #2 with Carmeuse Lime & Stone, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with two (2) additional one (1) year renewal Temp Reso #11471 Page 5 August 27, 2008 Revision 1, September 18, 2008 options, 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. SECTION 2: Agreement Amendment #2 for the Agreement executed as a result of the award of Bid 06-33B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime Company of Alabama, Inc., on behalf of the City of Tamarac and fifteen (15) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute Agreement Amendment #2 with Chemical Lime Company of Alabama, Inc. as part of said award, a copy of which is attached hereto as Exhibit 1" for a delivered price of approximately $197.43 per ton on November 1, 2008, due to estimated increases in material costs and fuel surcharges; an approximate delivered price of $223.71 on January 1, 2009 due to estimated increases in material costs, fuel surcharges and $3.33 for rail freight rates and re -loading; and an approximate delivered price of $224.01 rates on April 1, 2009 due to estimated increases in material costs, fuel surcharges and $0.30 to $0.32 Temp Reso #11471 Page 6 August 27, 2008 Revision 1, September 18, 2008 increase in truck freight rates and for prices shown in Exhibit "A" to Exhibit 1" on behalf of fifteen entities within the Southeast Florida Governmental Purchasing Cooperative. SECTION 4: Agreement Amendment #2 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, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute Agreement Amendment #2 with Carmeuse Lime & Stone, Inc. as part of said award, a copy of which is attached hereto as Exhibit "2" for prices as shown in Exhibit "A" to 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. 1 r-, 1 1 1 TE mp Reso #11471 Page 7 August 27, 2008 Revision 1, September 18, 2008 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2008. ATTEST: - "te/ MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABIP�/CO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRA L / DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER PURCHASING AND CONTRACTS DIVISION August 27, 2008 Mr. Bruce D. Routhieaux Vice President, Sales Carmeuse Lime Sales Corporation 11 Stanwix Street, 11t" Floor Pittsburgh, PA 15222 RE: Agreement Renewal Bid 06-33B Furnish Deliver and Discharge of Quicklime Dear Mr. Routhieaux: The City's Agreement with your company to provide quicklime will expire on October 31, 2008. The original agreement dated October 25, 2006 provides for four additional one year renewal options. This is the first renewal option for the subject contract. Thank you for working with The City of Tamarac and the Southeast Florida Purchasing Cooperative relating to this year's price adjustment. The attached Agreement Amendment reflects what we have agreed upon, and I am forwarding the final Agreement Amendment #2 for your firm to execute. Accordingly, we would ask that you please print and fully execute two (2) originals of the Agreement Amendment attached hereto. Please ensure that the Amendment is attested by your company's Corporate Secretary, and sealed with your corporate seal. Return the two (2) original documents to the Purchasing & Contracts Division no later than September 1, 2008. Upon execution by the City, an original will be returned to you for your records. If you have any questions, do not hesitate to contact me. Sincerely, r Keith K. Glatz, CPPO Purchasing and Contracts Manager 7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 1 P: 954,597,35701 F: 954,597,3565 EQUAL OPPORTUNITY EMPLOYER City of Tamarac Purchasing and Contracts Division AGREEMENT AMENDMENT #2 BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME SALES CORPORATION The CITY OF TAMARAC (City) and Carmeuse Lime Sales Corporation (Carmeuse), a Delaware Alabama corporation, with principal offices located at 11 Stanwix Street, 11tn 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 second renewal option for the term November 1, 2008 — October 31, 2009. 2. Pursuant to the price increase provisions of Section 5Contract Sum, please amend Contract Exhibit A as shown in the revised Contract Exhibit A attached hereto, which reflects pricing as of November 1, 2008. 3. other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank Pi 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. CITY OF TAMARAC Beth Fla nsbaum-Talabico, Mayor /a/i M01 Date ATTEST;. effrey . Mi er, City Manager 0(4 61�4- V;'j l j lot Marion Swenson, CMC Date City Clerk 1 ch Approv d t form and legal sufficiency: Date ?� 18-16el S. 86ren, City Attorney Date (Corpora a Secr tary) Kevin J.Whyte Type/Print Name of Corporate Secy (CORPORATE SEAL) Carmeuse Lime & Stone, Inc. Company Name 0 P'�. D - R Signature of rKfks0c4anx v.P. Sales Bruce D. Routhieaux Vice President of Sales August 28th, 2008 Date City of Tamarac _ Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT _ STATE OF 2 - 12 '..-t'� COUNTY OF 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 Sales Corporation, 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 1 / day oQ 20 1/ Slgn ry Public S odr e Print, Type or Stamp Name of Notary Public personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ take an oath, or DIED NOT take an oath. COMM NWEALTH OF PENN5YLVAMA N©TARINL SEA1, KAREIN L. LITTLE -NOTARY -PUBLIC = City of Pittsburgh, Allegheny County, MY COMMISSION EXPIRES APR. 13, 20f2 . TA' 11471 F:Xhib,it 2 ("ity f'ti T2::1'Y7r"lt''if ��utcl1c'�::�mg aw.'] Contracts 1-wvt:iiot AGENCY DELIVERY ADDRESS ESTIMATED ANNUAL US, TYPE 1 — Pebble Lime of Dania Beach 1201 Stirling Road, Dania Beach 624 of Hollywood 3441 Hollywood Blvd., Hollywood 3,500 TYPE 2 -- Hi CAL Granular of Hollywood (3) Wastewater, 1621 N14th Ave, Hollywood 7,000 Total Estimated Annual Tonna a 11,124 T R 11471 E:: x xrit, ,`, City rat Ptac,•ha,; ing and C oiitracts Division CONTRACT EXHIBIT A Effective„November 1, 2008 Agencies to Be Supplied as of November 1, 2008 Material Fuel Surchar a Admin. Fee Total Delivered Price/ Frei ht/ (49%)/ Ton (5.5%)/Ton Unit Price Per Agent Ton Ton Ton City of Dania Beach $176.67 $9,41 $4.61 $0.52 $191.21 City of Hollywood — Pebble $176,67 $9.41 $4.61 $0.52 $191.21 City of Hollywood — Hi Cal $176.67 $9.41 $4.61 $0.52 $191.21 city of T,,Wn arac; PU1'C 0$irJo Arad C QI'IttadS DIVision AGREEMENT AMENDMENT #2 BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA INC. The CITY OF TAMARAC (City) and Chemical Lime Company of Alabama, Inc. (Chemical Lime), an Alabama corporation, with principal offices located at 4720 Cleveland Heights Blvd., Suite 203 Lakeland, FL 33813, agree to amend that certain Agreement between the City of Tamarac and 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 Commenc ment and Substantial Completion, of the Agreement the City and Chemical Lime Company of America exercise the second renewal option for the term November 1, 2008 through October 31, 2009. 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, 2008 (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 shall include the delivered cost, per ton for the City of Tamarac, and for all other participants in the Agreement -as shown in the pricing provided in Contract Exhibit A. 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 at the City of Tamarac Water Treatment Plant. Pricing for other entities within the Southeast Florida Governmental Purchasing Cooperative will be in accordance with Contractor's Bid Form, contained with Contractor's Bid response. All prices, Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm feF the initial peried through the term of the contract, . Pricing shown in Contract Exhibit A Attachment C shall be a 'usted on November 1, 2008, January 1, 2009, April 1, 2009, and October 1, 2009 in accordance with Section 5.2 contained herein. c!ty of 7din arac: Purchasina and C;Ont(adS DiVISMn 5.2 Escalation/De-escalation: To qualifyfor 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. De artm nt of Energy DOE _p ,() reports on coal costs, U.S. Bureau of Labor StatisticsBLS reports on.,. Producer Price Index (PPI) for all commodities U.S. Ene[gy Information Administration WTI publications on spot crude oil prices, 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 Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be, applied initiallv on ubiect to change January 1. 2009. Aoril 1. 2009. Ju 1 2009 and October 1 2009 in accordance with the language contained in Exhibit A, Attachment D, pp. D1 — D2, Attachment_. pp E1 — E2, and Attachment F F1 — F2. Truck fuel surcharges will be in accordance with the Truck Fuel Surcharge Scale, Contract Exhibit A. Attachment G. Rail Fuel Surcharges are in accordance with the CSX„Transportation fuel surcharge that is in effect at the time of delive and a§ published in the CSXT website. All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank (:City of T_3rnarrac Purchasing Grid C'c>nbacts DIMSinri 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 siigning by and through its Mayor, and Chemical Lime Company of Alabama, signing by and through its Senior Vice President of Sales, duly authorized to execute same. CITY cO!F�TTAAMARAC Beth Flansbaum-Talabisco, Mayor Date ATTEST; Jeffrey ille , City Manager Marion Swensoh, CMC City Clerk d2 / / �®� Date ! ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) lv /l ¢�G� Date Ap7v, as to f rm and legal sufficiency: Sa ' elf8. �6rkfi, City Attorney Date Chemical Lime Company of Alabama, Inc. Company Name Mike Eliasen Senior Vice President of Sales Date City of M Purchasing pan l Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF /,F-xAS :SS COUNTY OF %—AR2A,y7� 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 Mike Eliasen, Senior Vice President of Sales of Chemical Lime Company of Alabama, Inc., an Alabama Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/s*e executed the same. WITNESS my hand and official seal this day of , , 20 O'' P� OF 6.17-�12..���� 1-1 Signature of (Votary Public ite of 5 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. of l a171unic AGENCY DELIVERY ADDRESS ESTIMATEDANNUAL USAGE TYPE 1— Pebble Lime Broward County Dist. 1 3701 N State Road 7 2,465 Broward County Dist. 2 1390 NE 51 St, 4,300 City of Coral Springs 3800 NW 85th Avenue, Coral Springs 2,000 Town of Davie 3500 NW 76th Avenue, Davie 912.5 Town of Davie 3790 SW 64th Avenue, Davie 547.5 City of Deerfield Beach 290 Goolsby Blvd. — West Plant, Deerfield Beach 2,000 City of Deerfield Beach 101 NW 2"d Ave, Deerfield Beach 100 City of Fort Lauderdale Fiveash Plant, 4321 NW 9`h Ave., Ft. Lauderdale 11,300 City of Fort Lauderdale Peele-Dixie Plant, 1500 S State Rd 7 Ft. Lauderdale 1,550 City of Hallandale 215 NW 6th Avenue, Hallandale 1,000 City of Lauderhill 2001 NW 49th Avenue, Lauderhill 1,825 City Of Margate 980 NW 66 Ave. Margate 2,600 City Of Miramar 2600 SW 66th Terrace, Miramar 1096 City of North Lauderdale U.S. Water 841 NW 71' Avenue, North Lauderdale 650 City of North Miami 12098 NW I Vh Ave, North Miami 1440 City of North Miami Beach 19150 NW 8th Ave, Miami Gardens 3650 City Of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4,000 City of Pompano Beach 301 NE 12th Street, Pompano Beach 3,700 City of Sunrise 4350 Springtree Drive, Sunrise 4,800 City of Sunrise 15400 Sludge Mill Road, Davie 600 City of Tamarac 7803 N W 61 st Street, Tamarac 2,100 Total Estimated Annual Tpnnagel 52,051 City of Tamarac f'urcfr:rsiray and Contra;acls Division .......... ....... . CONTRACT EXHIBIT A Pricing and Price Adjustment Information (sity of Tan)atac PtttcMasing ,�.vui Contracts Division ......... .... .... Contract Exhibit A Attachment A ,?��4,1 {@ i4�dji'�i? ij + (i� tkii44yNt Rra� t if ic�+itlt?i" d �t t d , ¢fit d 4 t s i, i,: r� ka im3 3, CP S ;"r u �t`Nltd' °�i� �A d 4 t dtd ' E. y^�4rp 3c q i. ? $ Attachment A ?'uit d�; i, p �,,,,�; r t f p7, , P � k� �a , 4t rt, , i�S ri s,i,�i,,a � e � }I' �,;r "k'�71�'� it „ „ ; Current Percentage Base Year Base Year Cost Factor Basis of Purchase Cost ( Nov Price ?, Year Cost Adjustment Adjustment (Projected Factor Amount Price 2006) Breakdown Nov t008 Actual Wage ar 1- Labor (Wage Rate 18.00% $14.56 $19,1790 $15,82 1.086538462 $20.84 Bracket #2) Cost per ton of 2. Fuel i Coal 40.00% $78,00 $42,6200 $78,00 1 $42.62 P� 3. Electric Power Cost per KWH 12.00% $0.0406 $12,7860 i;, $0.060 1,487684729 $19.02 I ! WTI Crude Spot!!] 4. Diesel Price Published 20.00% $86.63 $21,3100 `! $122.21 1.410712224 $30.06 EIA PPI All I 5. ©then Commadites less 10.00% Portion fuel 167.8 $10.6550 183 1.090584029 $11.F2 WPU03T15M05 +: !: ' Base Price 100.00% $106.55 ssyji November 1, 2008 Price $124 16 k t g City of T;�r'ri ;ir ;�c;: putc casing arrd Cbnhacts Division - ..._. ......... Contract Exhibit A, Attachment B city 0 .i...�rnalac Purchasing �ux:i Conhacts Division CONTRACT EXHIBIT A ATTACHMENT C -- Pricing PRIOR to November 1 2008 Chemical Lime Proposed Pricing for Tamarac and the Members of the Southeast Florida Purchasing Cooperative 8/1/08 Current Pricing Agency Material Price Transoortation Fuel SC Total* Broward Co, 1 $106,55 $73.27 $2.23 $182.05 Broward Co. 2 $106.55 $73.27 $2.23 $182.05 Coral Springs $106.55 $73.27 $2.23 $182.05 Davie 76th Ave $106.55 $73.27 $2.23 $182.05 Davie 64th Ave $106.55 $73.27 $2.23 $182.05 Deerfield Beach $106.55 $73.27 $2.23 $182.05 Ft. Lauderdale Fiveash $106.55 $73.27 $2.23 $182.05 Ft. Lauderdale Peele/Dixie $106.55 $73.27 $2.23 $182.05 Hallandale $106.55 $73.27 $2.23 $182.05 Lauderhill $106.55 $73.27 $2.23 $182.05 Margate $106.55 $73.27 $2.23 $182.05 Miramar $106.55 $73.92 $2.36 $182.83 North Miami $106,55 $73.92 $2.36 $182.83 North Miami Beach $106.55 $73.92 $2.36 $182.83 Pembroke Pines $106.55 $73.27 $2.23 $182.05 Pompano Beach $106.55 $73.27 $2.23 $182.05 Sunrise Springtree $106.55 $73.27 $2.23 $182.05 Sunrise Sludgemill $106.55 $73.27 $2.23 $182.05 Tamarac $106,55 $73.27 $2.23 $182.05 US Water $106.55 $73.27 $2.23 $182.05 *Total costs include Truck Fuel Surcharges, but do not include the Rail Fuel Surcharge. Truck Fuel Surcharges are subject to change quarterly and are added to invoices as separate line items. For Buyers information, Truck Fuel Surcharge for July, 2008 is $2.23 per ton per the current contract terms. Nate: Current Truck Freight, does not include fuel surcharge. Fuel surcharges are added later. Rate A (North Miami, North Miami Beach, Miramar $11.52 Rate B - All Others $10.87 10 City ai 7irn)ar,,ir; Purchasing rind Contracts Division CONTRACT EXHIBIT A, ATTACHMENT D 0 Pricing Effective November Ell 1, 2008 ; . AgenU Material Price Transoortation Total* Broward Co. 1 $124.16 $73.27 $197.43 Broward Co. 2 $124,16 $73.27 $197.43 Coral Springs $124.16 $73.27 $197.43 Davie 76th Ave $124.16 $73.27 $197.43 Davie 64th Ave $124.16 $73.27 $197.43 Deerfield Beach $124.16 $73.27 $197,43 Ft. Lauderdale Fiveash $124,16 $73.27 $197.43 Ft. Lauderdale Peele/Dixie $124.16 $73.27 $197.43 Hallandale $124.16 $73.27 $197.43 Lauderhill $124.16 $73.27 $197.43 Margate $124,16 $73.27 $197.43 Miramar $124.16 $73.92 $198.08 North Miami $124.16 $73.92 $198.08 North Miami Beach $124.16 $73.92 $198.08 Pembroke Pines $124.16 $73.27 $197.43 Pompano Beach $124.16 $73,27 $197.43 Sunrise Springtree $124.16 $73.27 $197.43 Sunrise Sludgemill $124,16 $73.27 $197.43 Tamarac $124.16 $73.27 $197.43 US Water $124.16 $73.27 $197.43 *Total costs do not include Rail Fuel Surcharges or Truck Fuel Surcharges. Dail and Truck Fuel Surcharges are subject to change quarterly and are added to invoices as separate line items. For Buyers information, Surcharge values for August, 2008 are shown below: Rail Fuel Surcharge @ $0.67 per mile divided by 98 $5.46 $5.46 Truck Fuel Surcharge @ 30.5% 30.5% Surcharge Truck freight for North Miami, North Miami Beach and Miramar $11.52 $3,51 Truck freight for all others $10.87 $3.32 Total Surcharges North Miami, Miami Beach, Miramar $8.97 All Others $8.78 11 City 0: 7"�amarac Purchaslog sand Conir�ads Division November 1, 2008 Price Change Plan - P. D2 Price Cha e - Per Formula - There will be additional price change evaluations on January 1, April 1, July 1, and October 1. Costs represented on Attachment A are estimated and subject to change. TransRortation Increase: $0.00 Rail Fuel Surcharge - current as of November 1 per Exhibit A Truck Fuel Surcharge - current as of November 1 per Exhibit A, Attachment G Note: Rail and Truck Fuel Surcharges will be billed at constant rates, subject to change January 1 and quarterly thereafter. Changes in Fuel Surcharges that occur between price change periods will be "trued up" at the end of the period with appropriate debits or credits processed to account for any variances. 12 Ci'ly of Ttrrr?arac ......................... CONTRACT EXHIBIT A ATTACHMENT E F'tnchasing and Contracts Division af Pricing Effective January 1, 2009 Agency Material Price Transportation Total* Broward Co. 1 $147.11 $76.60 $223.71 Broward Co. 2 $147.11 $76.60 $223,71 Coral Springs $147.11 $76.60 $223.71 Davie 76th Ave $147.11 $76.60 $223,71 Davie 64th Ave $147.11 $76.60 $223.71 Deerfield Beach $147.11 $76.60 $223.71 Ft. Lauderdale Fiveash $147.11 $76.60 $223.71 Ft. Lauderdale Peele/Dixie $147.11 $76.60 $223.71 Hallandale $147.11 $76.60 $223.71 Lauderhill $147.11 $76.60 $223,71 Margate $147.11 $76.60 $223.71 Miramar $147.11 $7T25 $224.36 North Miami $147.11 $77.25 $224.36 North Miami Beach $147.11 $77.25 $224.36 Pembroke Pines $147,11 $76.60 $223.71 Pompano Beach $147.11 $76.60 $223.71 Sunrise Springtree $147.11 $76.60 $223.71 Sunrise Sludgemill $147.11 $76.60 $223.71 Tamarac $147.11 $76.60 $223.71 US Water $147.11 $76.60 $223.71 otal costs do not include Rail Fuel Surcharges or Truck Fuel Surcharges. Rail and Truck. el Surcharges are subject to change quarterly and are added to invoices as separate line Buyers information, Surcharge values for August, 2008 are shown below: ail Fuel Surcharge @ $0.67 per mile divided by 98 $5.46 $5,46 ruck Fuel Surcharge @ 30.5% 30.5% Surcharge Truck freight for North Miami, North Miami Beach and Miramar $11,52 $3.51 Truck freight for all others $10.87 $3.32 Surcharges North Miami, Miami Beach, Miramar All others $8,97 $8.78 13 CMily of T_rrnrarcac Purch a.sing and contracts C)rvision11 January 1, 2009 Price Change Plan - P. E2 Price „Chaff - Per Formula Translp-ortation Increases Rail Truck Transfer $1.88 (documented) Do not include Rail $0.00 $1.45 (documented) *Rail F Total $3.33 * *Truck Fuel„ Surcharge - current as of January 1 per Exhibit A, Attachment G Note: Rail and Truck Fuel Surcharges will be billed at constant rates for each calender quarter subject to change on the first day of each quarter and quarterly thereafter. Changes in Fuel Surcharges that occur between price change periods will be "trued up" at the end of the period with appropriate debits or credits processed to account for any variances. 14 City of T arrtarac and C;ontr,',icts Division CONTRACT EXHIBIT A, ATTACHMENT F CS ward Co. 1 ward Co. 2 al Springs fie 76th Ave rie 64th Ave wfield Beach Lauderdale Fiveash Lauderdale Peele/Dixie landale derhill Miramar North Miami North Miami Beach Pembroke Pines Pompano Beach Sunrise Springtree Sunrise Sludgemill US Water Pricing Effective April 1, 2009 Material Price Transgortation Total* $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147,11 $76.90 $224.01 $147.1.1 $76.90 $224.01 $147.11 $76.90 $224.01 $147,11 $76.90 $224.01 $147.11 $77.57 $224.68 $147.11 $77.57 $224.68 $147.11 $77.57 $224.68 $147,11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 $147.11 $76.90 $224.01 *Total costs do not include Rail Fuel Surcharges or Truck Fuel Surcharges. Rail and Truck Fuel Surcharges are subject to change quarterly and are added to invoices as separate line items. For Buyers information, Surcharge values for August, 2008 are shown below. Rail Fuel Surcharge @ $0.67 per mile divided by 98 $5.46 $5.46 Truck Fuel Surcharge @ 30.5% 30.5% Surcharge Truck freight for North Miami, North Miami Beach and Miramar $11.84 $3.61 Truck freight for all others $11.17 $3.41 otai Surcharges North Miami, Miami Beach, Miramar All others $9.07 15 City of T„j o atac Pul-03asing sand Cootracts Division April 1, 2009 Price Change Plan - P. F2 Price Change: Per formula Transportation Increases* Rail $0.00 Truck Rate A $0.32 (North Miami, Miami Beach, Miramar) Truck Rate B 0.30 (All others) Transfer $0.00 Do not include Rail or Truck Fuel Surcharges *Rail F r e - current as of April 1 per Exhibit A *True Fuel Surcharge - current as of April 1 per Exhibit A, Attachment G Note: Rail and Truck Fuel Surcharges will be billed at constant rates for each calender quarter subject to change on the first day of each quarter and quarterly thereafter. Changes in Fuel Surcharges that occur between price change periods will be "trued up" at the end of the period with appropriate debits or credits processed to account for any variances. 16 City of Tamarac F'urcNmjing and Contracts Dvisiori ......... .........--...... _........ _....._ ................... CONTRACT EXHIBIT A, ATTACHMENT G TRUCK FUEL SURCHARGE TABLE Radical fluctuation and unpredictability of fuel costs in recent years has caused trucking firms to separate fuel costs from their operating costs and to account for fuel costs by applying a fuel surcharge that changes monthly in accordance with the cost of diesel fuel as reported by the Department of Energy's national average. Truck carriers employed by Chemical Lime Company provide a freight rate for each delivery location that is based on current operating costs including fuel costs of $1.75 per gallon or less. These freight rates are subject to fuel surcharges if the price of fuel is higher than $1.75 per gallon. Chemical Lime trucking firms use the following scale to determine the fuel surcharge applicable, based on the cost of diesel fuel: Fuel Cost Per Gallon %Rate increase Fuel Cost Per Gallon % Rate increase $1.75 0.00% $3.50 18.00% $1.80 1.00% $3.55 18.50% $1.85 1.50% $3.60 19.00% $1.90 2.00% $3.65 19.50% $1.95 2.50% $3.70 20.00% $2.00 3.00% $3.75 20.50% $2.05 3.50% $3.80 21.00% $2.10 4.00% $3.85 21.50% $2.1.5 4.50% $3.90 22.00% $2.20 5.00% $3.95 22.50% $2.25 5.50% $4.00 23.00% $2.30 6.00% $4.05 23.50% $2.35 6.50% $4.10 24.00% $2.40 7.00% $4.15 24.50% $2.4.5 7.50% $4.20 25.00% $2.50 8.00% $4.25 25.50% $2.55 8.50% $4.30 26.00% $2.60 9.00% $4.35 26.50% $2.65 9.50% $4.40 27.00% $2.70 10.00% $4.45 27.50% $2.75 10.50% $4.50 28.00% $2.80 11.00% $4.55 28.50% $2.85 11.50% $4.60 29.00% $2.90 12.00% $4.65 29.50% $2.95 12.50% $4.70 30.00% $3.00 13.00% $4.75 30.50% $3.05 13.50% $4.80 31.00% $3.10 14.00% $4.85 31.50% $3.15 14.50% $4.90 32.00% $3.20 15.00% $4.95 32.50% $3.25 15.50% $5.00 33.00% $3.30 16.00% $5.05 33.50% $3.35 16.50% $5.10 34.00% $3.40 17.00% $5.15 34.50% $3.45 17.50% $5.20 35.00% 17 ('�' dy of Tarr�aiac F'ur'Ch&$Ir'Ig c.?Ild C'orrt(_.W'ts DNIS100 ........ ......... ......... ......... ......... ._....._. - -- — _......_ .. .I....., The Truck Fuel Surcharge shall increase or decrease by 0.5% for every five cent ($0.05) increase above $1.75 per gallon. Calculations shall be made the first day of each month based upon the weekly Department of Energy (DOE) Weekly Retail On -Highway Prices (National Average) index as shown at htto:/ftonto.eia.doe.gov/oog/info/wohd,pjdiesel.asp as published each Monday, or on Tuesday when Monday is a Federal holiday. 18