Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City of Tamarac Resolution R-2004-228
Temp Reso #10558 Page 1 September 21, 2004 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-,2cRk A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME CO. OF ALABAMA, INC., ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO FURNISH, DELIVER AND DISCHARGE QUICKLIME, PROVIDING FOR A ONE YEAR RENEWAL TERM EFFECTIVE 11/1/2004 THROUGH 10/31/2005, AMENDING THE PRICE ESCALATION/DE-ESCALATION STRUCTURE AND APPROVING AN 8% COST PER TON INCREASE, FROM $118,52 PER TON TO $129.64 PER TON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Quicklime is a necessary ingredient required for the purification and processing of water at the City of Tamarac Water Treatment Plant; and WHEREAS, the City of Tamarac served as "lead agency" on Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co -Op), which was awarded to and an Agreement executed with Chemical Lime Co. of Alabama, Inc. (Chemical Lime), as evidenced by Resolution R2003-207 attached hereto as Exhibit 1; and 1 Temp Reso #10558 Page 2 September 21, 2004 WHEREAS, seventeen governmental agencies utilize this bid to purchase approximately 65,000 tons of quicklime. The City uses approximately 2,100 tons of the total annual volume purchased by the Co -Op; and WHEREAS, there is currently a shortage of quicklime in the Southeast Florida region as a result of increased demand for steel and cement, of which quicklime is a major component; and WHEREAS, a market analysis conducted by staff confirmed that there are no competitors to Chemical Lime Co. of Alabama, Inc. who are able to provide the annual volume required by the Co -Op; and WHEREAS, the Purchasing and Contracts Manager, based upon the findings of this market analysis, and after extensive discussion with members of the Co -Op, has concluded that a new competitive sealed bid for quicklime would not be in the best interest of the City or the Co -Op and could possibly result in even higher costs than currently proposed; and WHEREAS, a negotiation committee was established by the Co -Op to negotiate a fair and equitable amendment to the costs and pricing structure of the original Agreement; and WHEREAS, after much discussion, continued market research and several meetings between the negotiation committee and representatives of Chemical Lime, it was agreed that an 8% increase per ton would be acceptable to both parties, which changed the price from $118.52 to $129.64 per ton for the Temp Reso #10558 Page 3 September 21, 2004 first renewal term beginning 11/1/2004, as evidenced by Chemical Lime's confirming correspondence attached as Exhibit 2; and WHEREAS, the Purchasing and Contracts Manager and the Co -Op negotiating committee agreed that the City and the Co -Op would be best served by amending the existing Contract Sum language in the original Agreement to delete the 5% ceiling on price increases, and revising the language to include an escalation/de-escalation clause which bases price increases or decreases on actual market conditions at the time of annual contract renewal, and as documented and submitted by Chemical Lime in advance of the current contract term's expiration; and WHEREAS, Chemical Lime has agreed to the terms of Amendment #1 to the original Agreement as evidenced by Exhibit I and WHEREAS, based on the negotiated price of $129,64 per ton, and an annual volume of 2,100 tons, the revised annual costs to the City will be approximately $272,244; and WHEREAS, sufficient funds are available in the Utilities Department Operating and Contingency funds; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Amendment #1 to the Agreement with Chemical Lime be executed, authorizing a one year renewal term effective 11/1/2004 through 10/31/2005, amending the price escalation/de-escalation 1 Temp Reso #10558 Page 4 September 21, 2004 structure and authorizing an 8% cost per ton increase, from $118.52 to 129.64 per ton; 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 execute Amendment #1 to the Agreement between the City and Chemical Lime Co. of Alabama, Inc. 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: The execution of Amendment #1 to the Agreement between the City and Chemical Lime Co. of Alabama Inc., on behalf of the Southeast Florida Governmental Purchasing Cooperative, providing for a one year renewal term effective 11/1/2004 through 10/31/2005, amending the price escalation/de-escalation structure and approving an 8% cost per ton 'increase from $118.52 to $129.64 per ton, is HEREBY AUTHORIZED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTIONW4: If any clause, section, other park or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or n 1 P_ Temp Reso #10558 Page 5 September 21, 2004 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13t" day of October, 2004. C ' JOE SCHREIBER MAYOR ATTEST: C S' . C/dRECORD OF COMMISSION VOTE: MARION SWENSON, CM6 MAYOR SCHREIBER �l CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-tAL DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ;/I—, 16� /,/, MITCHELL S. KR/ CITY ATTORNE 1 TEMP RESO 10230 j l � EXHIBIT A j L 1 INVITATION To BID l L' 1 IA 1 � o M � t " S ORS 1 � 1 S j BID NO. 03-24B j � l Z t s Furnish DelNver and Discharg� All of Quicklime j S j 1 l *N l 41* j � l S l City of Tamarac l Purchasing Division 1 NW 88 7525 Avenue l � l SI Room 108 l 4 Tamarac, Florida 33321-2401 l (954) 724-2450 l � l 4 l SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately twenty-six (26) government entities have participated in Cooperative Purchasing in Broward County. The Co-op 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 Governmental Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Operational Procedures • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the 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 furnish the Lead Agency a detailed Summary of Sales semi- 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 by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly_ prohibited from utilizing anv contract or purchase order resulting form this bid award. However, other Broward Co-op members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Co-op 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. BROWARD CO.OP "WORKING TOGETHER TO REDUCE COSTS" r •�4 City of Tamarac. I -.,,chasing and Contracts Division _.. INSTRUCTIONS TO BIDDERS BID NO. 03-24B 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 of Tamarac. The City reserves the right to award the bid on a split order, lump sum or individual item basis to a single or multiple vendors, unless otherwise stated. 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. 1. SUBMISSION OF THE BID. The Bidder is directed to deliver sealed bids to the City's Purchasing Office, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on Wednesday, July 23, 2003, no later than 2:00 PM (Purchasing Office time stamp is considered official time). At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be 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 this bid package. The Bidder shall submit one (1) original bid document; two (2) photocopies should accompany the bid submittal. However, the Bidder must submit 2 copies within 3 business days of the City's request. The original bid must be duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety (90) days from the date of the bid opening unless otherwise stated by the City. 2. BONDING: Not applicable for this bid. -- 4 v City of Tamarac Purchasing and Contracts Division _. .. . 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 manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 12. 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. 13. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 14. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. 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. 15. DEFAULT: In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the , y5 Cit ct Tamarac, " Purchasing and Contracts Division p. Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal I njury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 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 coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per 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 limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 23. 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, 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, City of Tamarac 4' Purchasing and Contracts Division _.... _ ......_ ..... _ .... o. t N 1l I+A 3. SPECIAL CONDITIONS BID 03-24B 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 one (1) year, beginning November 1, 2003. The City reserves the right to renew the contract for four (4) 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. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations 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 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. 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. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual freight and fuel cost only (no profit margin increase). Increase shall not exceed five percent (5%) of original contract price. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. 4. 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. City of Tamarac Purchasing and Contracts Division 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. ,y 5 City of Tarnarac ' Purchasing and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions and Special Conditions. ❑ 2. Carefully read the Technical Specifications and 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 Bidders Qualification Statement. ❑ 6. Fill out the References page. ❑ 7. Sign the Vendor Drug Free Workplace Form. ❑ $. Fill out the List Of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. F110. Include proof of insurance. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted under any circumstances. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 14 cn O ?• �~U of U ❑ Q) F Q p U A p CO E U O d [7 N N Q) C a) �--• ' N N C U w=. a) j C1p O ro m . _ j C N a) N 02 o a c = C N a a N U N M Uw _0 a0o� °o 0w.> fYC7 O vim-`O C ��•C , r^c O CD c o E n O o U. 'C O O .. E CN 4) " © Z O O O La)) T) ❑ N om CO CL n in M Z' L U O W I N N a) � c 3 U-D c w O O E — .� >, O Q) O O c (p c-0 c c u � Q) N C O f0 C 0' -0 C Cri q r O 7+ C -- -O 3 a.L Cp E (D �a a m m � 3 N m �O Q E� c O»- a) W m N N C 2_ ` O QJ Y ?' 4) T N N m co °� O Hp yw 0 ar U W J > .J W H0 ui 0� W = U- V Z W UH aIx . w 0. U.J w of UD ao 0 `D m w co N CO N N w w a�D co ao Co aD -i w C;5 f"7 � C7 M c7 M M m m CO N I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WLo co c�D coo Co o�p ago coo co a10 co 2 `D m 000 W ro (o co a�0 a1D o�D d r r r- r r r r '�"' �'• M r r r r r r QW C7 Q o o 0 0 0 0 0 o o a a o 0 a C) o Q u� N a o s a Q v (D a a o o o a a o a oGo o Z rQ a cp a o w w N m ao r o Co r � r t` N ao r M O' r r r ao C,) C' +cr o tfi a N o N (y lO r r r to a� 4) co N m c U Co N ( 0 "0 CD U C r mm 0 U) N � U O � O �r C a` U) w m ccu a) m " CO O .` CO p a) LL' r = ro w c o_ v m © m m c = c c� m ca a O L N a) co fD m co a) '� GO a) m a p. Q a) m E O> f0 .m m 'a a _m 0 Q c C/) i7 C b E m g C c0 •� C .�' a o �i O_ U O o n rn cn m_ g o c E E cn © cEa Co J D w�Ca I Z�_ v z Z CD m 4 EL �- �_ 'J r O -- Q) O c p O c a) c a) c w 1 a) O > C Q) p m Q) Q) a) 2 Q) .c 4 w a) f LLJ m 4 O ¢ a) 7 ¢ 7 ¢ 7 Q -0 � 7 C w N ch v ro C ; m _0 7 ¢ 4 " Q) c] a) , ¢ O Q a) = in a) U) s a] Q = d Q o O Q x r r aD c u) Q) E in p u7 co cb f+ (D � (V a) •?C � rn v y cC cD n r � 7 0 C r T C N cD O d Z uj Z ? Z LL1 CL ( Z Z Z U7 Z Z Z V) Z N= m Z r r 7 o Z ao C) a LO o a a a M a ft m c'') m Cn o V o to a LO rn f• a 0) CO W a' a) cn r xt * a C? o o o- CD o N m cD m _Z O cn M v In a PD Cl) r- N M M M N r LL Q_ N M N +- N M r .-- ti M r t- a d a C r a) c0 a) m ro a) CO c m U M❑ v) w m� N -O -p E C Z w I ( I I .� ID 2 in P D� a) ca 4� C — 4) � (0 m Y O O C c c c c U) w w a) a) m m m E c0 Q U 0 c0 U ro p❑❑ w O a) 4) r O r O m O m m O O O E w E 4 c c 7 E m U O O ❑ ❑ LL LL = 2 J _� Z Z Z 0_ 0. (n U) F-- c9 la c0 O C C O O 0 0±C=)u 4 O O O O O O O O O O _ 3 3 _ m co, co,m U� ►4 CU U U U C U U U CU CU U U U U U City of Tamarac Purchasing Division BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 03-24B 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: % Delivery/completion: — DAYS: calendar days after receipt of Purchase Order IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING 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. 1 F, City of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Purchasing Division On this the day of , 2003, before me, the undersigned Notary Public of the State of Florida, personally appeared (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: and 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 2 of 2 N"n•CcNusrv[° Achnowirnael,ient City of Tarnarac h rurchasing and Contracts Division FI BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter. SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t" Avenue Tamarac, Florida 33321-2401 CHECK ONE: ❑Corporation ❑ Partnership ❑ Individual ❑ Joint Venture ❑ Other SUBMITTED BY (Company Name) ADDRESS: CITY, STATE ZIP: 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business: Correct Name of Bidder Principal address of Business City, State Zip 2. If Offeror is a corporation, answer the following: a. Date of Incorporation b. State of Incorporation C. President's name d. Vice President's name e. Secretary's name: f. Treasurer's name g. Name and address of Resident Agent 3. If Offeror is an Individual or a Partnership, answer the following: Date of Organization Name, address and ownership units of all partners (if necessary, use separate sheet): NAME ADDRESS OWNERSHIP UNIT 1 of 6;dd[r GuFifih,7ation Stalemcnl City of Tamarac 9 ' s Division �'urchasin and Contracts 10. List the pertinent experience of the key individuals of your organization (continue on separate sheet, if necessary). 11. State the name of the individual who will have personal supervision of the work: THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE BIDDER'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD, TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. (Signature) ACKNOWLEDGEMENT BIDDER'S QUALIFICATION STATEMENT State of Florida County of On this the day of , 2003, before me, the undersigned Notary Public of the State of Florida, personally appeared (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: and 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 -- •-.___ _. „t ;i Bajci el S 0oah(jC&t1101] SiafeMer;r �f iAV1 City of Tamarac; �� Purchasing and Contracts Division M1 VENDOR DRUG -FREE WORKPLACE Preference may be given to bidders 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: IDENTICAL 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 -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 bidders have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. 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. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. 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. 5. 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. 6. 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 1 of 7 Di;.cvhee l Jorkplace tl�M City of Tamarac Purchasing and Contracts Division q CERTIFIED RESOLUTION (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. I►R M TITLE Given under my hand and the Seal of the said corporation this (SEAL) By: NOTE: day of SIGNATURE 2003. Secretary Corporate Title 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. _... — j of i C'.e•rtilierl Reschillon I -Al uvr I v TEMP RESO 10230 m m2 W � a J 0O'w to m 0 � Q m 0 (h mto0mmlAtomM LOf'7MLONmLOU)toOdto U r [O r (A r r (O (A r r fp (p r W 0 M 0 (D M w W J, wwadmc6aswwc6maoadwcoadad66wwcomc66 N N N N N N N N N N N r r N z Q N (N N N N N N N N N w r r r r w r Wr r r r r r r r r r r r r r r r r ~ On w _ a 0 w co O 00 O O w wO O w wO d O O d O O O O O O vv O w w *-w-q- CO rww-T4 6 r~ r• f1D aD ow44wvv�rvvvv� r+ P-: c6 to P.: aD m O ao w m w Gq s r• U. U � 0 to Ln Ln U-)m m to w LO 0 w m 0 N to N to N to N 0 N 0 N 0 N m N 0 N m N m N LO N W U_ O N N N N N N N N N N N N O N CV N Q N d N O N O N O CN O N O N O N N O N tf7 O to O O N Q Q LU N N N N N N CV N wo z O W to to to to N N N o to Ln o N N to to d tr ) N N N to N N N a U W to �j to d to 0 v v +tt v to to t!7 u7 tt7 t!) M r` r► r� r` ao co ae r` r r+ ao r` r` of t4 as as as r r` r r r a4 r 2lP r r r r r r r Y r r r r r r r r r r 0 J U 0p F^ W W cD c0 cO CO M c� c0 P7 tD cd r cO M t0 cM c0 f) r] M r r r r N N N — — — — N N N r r r r cy N N r N N N � � tO cD to to t• r` t• O O tD tb N ft t0 cD aD cA r• ►� r� cD r` r~ ti � U. U a z U U F N N N N N N N N N N N N N N N N N N N N N N N N W 13 U W O aD aD aD O `D aq t`D ap a�0 N N N Co ap N a0 aD aD aD a0 J lJ.l cn m m m m M m c-n C) C7 M r cn r r cn I M r'.. C] c7 (") CJ M MN I I I I I I I I I I I I I I I I I 1 I I I I I W0 ap 10 CD W m a0 a10 oo W CO C7 aD W aco co E!2 co 11 •-- r r r r r r .- r a W 0 0 0 O O O O O d O 0 O 0 O O 0 O to N d O O O 'r O O d O OO O O 7 Q O tD O O O O N O Ln O to O ti Ln tp O to f` 00 [7 Op to to �O cc CO•) O O N OD W tr1 O r '�'_ Cj r N r v `_' (0 r N ch V LO N N a a a a 0 u CO ad cd ?. - L L O y 4) cC N to O U N MO �' ai ai -o v N D m V I I I I S m 0 '0d 0 V— 7 m c�a % O Lu c c c c cA O m w ro tea n o t a cOn a� ro C9 Q D a .5 IE `t I a ro .. m r L E m ro U 0 U C] o in p w 0 0 0 m 0 `� 0 0 0 a o>> m -0 -o -a U © 2 z z z 0. 05 cn r-- �~ ` O G C O O _ O _ O _ O O O O O O O Q O t7 0 0 0 i2 2 2 2 .r m Cc o0 m C] FO- h U U U U U U U U C] U U U U U C] U U 0 w CL a z 0 cri U) 0 CU 0 U W m ❑ z a a U_ ML 0 z LLI I.I.. Q m m ..J 4 AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, INC. THIS AGREEMENT is made and entered into this 0 J day of , 20Q=� 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 Chemical Lime Company of Alabama, Inc., an Alabama corporation with principal offices located at County Road 676/Nichols Rd., Nichols, Florida 33863 (the "Contractor") to furnish, deliver, and discharge quicklime to the City of Tamarac Water Treatment Plant. 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; all documents contained in Bid No. 03-24B, "Furnish, Deliver, and Discharge Quicklime" (General, Supplementary and other Conditions), specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. 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. 2) The Work The contractor shall perform all work for the City required by the contract documents as specified in Bid 03-24B, "Furnish, Deliver and Discharge Quicklime", as set forth below: a) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly deliver quicklime as per the Technical Specifications and according to the terms of Bid 03-24B. b) Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. c) The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely operate equipment necessary to deliver the product. d) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. e) 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. h Y \^{oH�o", f) 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. g) 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. h) 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. i) 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. j) Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & 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 & 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. 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 one-year period beginning November 1, 2003 through October 31, 2004. The City reserves the right to renew this agreement for four (4) additional one (1) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 9 iffy of Te?,'1?e:rac P 5) Contract Sum The Contract Sum for the above work is $118.52 per ton delivered. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 03- 24B, Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant. All prices, terms and conditions shall remain firm forthe initial period of the contract. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual freight and fuel cost only (no profit margin increase). Increase shall not exceed five percent (5%) of original contract price. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. 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 03-24B. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Indemnification 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. 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 The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. T jMg9 City of ( 4 1 0) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR John L. Thompson, Florida Manager Chemical Lime Company of Alabama, Inc. County Road 676/Nichols Rd. Nichols, Florida 33863 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar 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. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein F A,y 9 Cr ai %rear c urc:!7Grsi 7c; arc:' Ccr�tracts DMs"r? 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. 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. 5 4ty of T ainisi a:. " IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager and Chemical Lime Company of Alabama, Inc., signing by and through its Florida Manager, duly authorized to execute same. ATTEST: r- Marion Swenson, CIVIC City Clerk CITY OF TAMARAC Joe Schreiber, Mayor 7/ii Date Jeffrey V piIIEV, City Manager Date: Approved a to,,form'and j r1fiency: Date Mitchell S. Kraft, City A or ATTEST: Stephen Barnish Type/Print Name of Corporate Secy (CORPORATE SEAL) Chemical Lime Company of Alabama, Inc._ ignature of Florida Manager) John L. Thompson Type/Print Name of Florida Manager August:. 27, 2003 Date M S CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF folk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L. Thompson, Florida Manager 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/she executed the same. WITNESS my hand and official seal this 27 day of August Elizabeth A. Hart Bonded 77vu . 200 3 Signature of Notary Public --&fb State of Florida 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 Pq DID NOT take an oath. Chemical Lime A Lhoist Group Company September 15, 2004 Mr. Keith K. Glatz, CPPO Purchasing and Contracts Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, Florida 33321-2801 Dear Mr. Glatz: TR 10558 • EXHIBIT 2 This letter is to provide information that you requested at our meeting relative to hard evidence that lime manufacturing and distribution cost have increased dramatically since your lime requirements were bid in July, 2003. You indicated to me that you would like to see information relative to (1) fuel costs, (2) rail transportation costs, and (3) truck transportation costs. Coal — Please see attached copies of actual invoices for coal purchased by our plant for the purpose of manufacturing lime. You will see that in December 2003, coal prices were $36.00 per ton. Today they are $73.00 per ton or more. Depending on conditions, it can take 500 to 1000 pounds of coal to make 2000 pounds of lime. Rail Freight -- Please see attached topics of examples of information that is available on the CSXT website relative to changes in rail freight costs. Our contract with CSXT tames a 5% base rate increase to be effective January 1, 2005, in addition to the fuel surcharges that are referenced in the attachments. Truck Freight — Please see attached copy of Commercial Carrier truck freight rate chart indicating changes to go into effect on October 1, 2004. There will continue to be fuel surcharges applied to these new rates. Chemical Lime is concerned about level and frequency of the unanticipated increases in the cost of goods and services that are required to manufacture and distribute our lime products. We value our relationship with the members of the South Florida Purchasing Cooperative, and we would like to renew our agreement for another period. However, as we discussed, we must pass along the added costs that we are incurring. l am attaching a Proposed Quicklime Pricing Schedule that identifies pricing for each member of the Purchasing Cooperative. You will see that proposed delivered pricing is now in the $129.00 - $130.00 range, which is a significant increase compared to current pricing. I-Iowever, the proposed Cooperative pricing is far- lower than recent inunicipal bid prices far lime in Southwest Florida and significantly lower than our Published Price List pricing. Chemical Lime Company PO. Box 1137, Mulberry, Florida 33860 Phone : (800) 695-5657 Fax : (863) 425-0686 I am pleased to report that our management has agreed to extend the current terms and conditions of our existing lime supply agreements with the members of the Cooperative for 30 days so you may have time to review the circumstances relative to lime supply. However, we continue to absorb increased manufacturing costs, which must be recovered. I feel confident that the Purchasing Cooperative will view our proposal as beneficial to the members of the Cooperative. Thank you for your continued interest in Chemical Lime Company. Please call me if you have any additional questions. I will check with you shortly to see how you and the members of the Cooperative feel about our proposal. Very tru 1 y yours, CHEMICAL LIM OMPANY �ohn L. Thompson Florida Manager Attaclurients (5) 09/03/04 13:32 FAX 8177326318 e . I. TAFT COAL, SALES & ASSOCIA P 0 Box 1608 ` JASPER AL 35502 Pho 5-384-1224 Ball To: ICAL LIME CHEMICAL LIME COMPANY Ship TO: ATTN: ACCOUNTS PAYABLE CHEMICAL LIME COMPANY O P. O. BOX 985004 �'�' PLANT'-� FORT WORTH TX 76185-5004 ATTN.- ACCOUNTS PAYAEi,E P.o. Box 985004 . FORT WORTH TX ` 7-618 5- 5 0 0 4 I 01C DATE ORDER# DATE CUST.# CUSTOMER P.O. # TWMS SALESPERSON 4008 07/28/04 3834 01/28/o4 cHLIME NET-10 QUANTITY ❑/M iTEM/bESCRZPTION ---- �--__------- DISC UNIT PRICE AMOUNT 79S.18 TON OTHER Coal Shipped From: 07/19/04 Thru: 07/23/04 No- of Tone 795.18 Subtotal Total Due ENTERED J 73.000 $8,048.14 RECEIVED AUG U 2 2004 T. BEASLEY 58,048.14 58,048,14 AUGOMZ��'� K. NAN r 6177325315 09/03/04 19:52 FAX $177328315 rS7lrmkljFhAM AI JIM RA CHEMICAL LINE GHW To: Cpwrdhe - At rovao MLL TO: Awr Acwmgb Po Ca►wnMt lapft Oarrpwv rlaq►�woq �L aa�+a -- INVOICE � � 1 OAT% aww g". MEMO .�euNr 2MM3 53,54 Tcm d conow C.d 35-00 1,927.44 ACCOUNTS PAYAp, 5&54 BYTAW cart (50% a/ $1.75 per tan) (Alm 1,46 &IAG rlrAL ToNs SMPPED 1 d� ar�rgsr�so In rP6 7- /30,-j?Q sWv PAW"mmnxov Grow cwa 918W._ . rorAiLAW UffDW S 4irp, Ir,s 1> Q 001 E00/f00'd C # X17 7v2i :yH^ :5 50Z 4: Zr b00Z, L0'caS 15:13 FAX 8177326315 CHEMICAL LIKE V) o I 2 INVOICE ruwaloom Ramurmsi tric. P. 0. Box 531187 Birmingham, Al 36263 JcAX 2054M-5287 SHIP *0- Qh,( - 0-AlW 7 BILL W; Alft-, AaMunft Psymbb Chwnbfil LkTw CorpwW D ,(u P., O. akw 479 MWftVa^ AL 35115 UU Claims C"Wmm 53152 JQ psyry" brow Hier 10 PAb*Kd of shkvyxwt Tnick I9C78 Plant IRW krmlm gaw IZAM DATE SHOPIM CIRY PRICEn= AMOLUMMT 1211103 370.o4 Tom t* canes cc*d -7 3725 13,78129 12121O3 416.M2TomdCuter QoW 95,10 9: 37.26 15.8D1.05 12r= 12JQ03 /310.49 A40.32 Tom of Cwtor CoW TomofCartwC-W 3725 37.25 11,8W.75 5.228.92 12f&W IZA"3 /288.22 309.w I -am of Owler Cod UO van of CwIerC*W36-. 37-25 37.25 IR735.20 11,510.25 ACCOUNTS PAYABL' 070.35 GyrdW madd (W% c* 51'75 per ton)' 1.64dL" TOTAL TONS SHIPPED rar nolm rm. 34opew A Fnh*EU *Twwd awhw 3U OAjepur /34)?-L) 6DOOii -W7,673 101 p-, iln TOMAWOLA%ff DMI 1113/.il/us Ur;Hf:.1( LZAI —? Uh.1`tLn0bUb jonn inompson rage nni TRANSPORTATION Effective June 1, 2003, CSXT Fuel Surcharge Is Modified To Be More Responsive To Market Conditions March 31, 2003 Dear CSX Customer: On March 20, 2003 CSX Transportation announced modifications to its fuel cost recovery program(http://www.csx.com/?fuseaction=company.news_detail&i=45428&news_year=-1) in an effort to more quickly respond to changing market conditions and the continued volatility in fuel prices. The modified program will begin June 1, 2003, the date the revised fuel surcharge provisions in Tariffs CSXT 8100 (Merchandise) and CSXT 8200 (Coal) become effective. The revised CSXT 9100/9200 documents were issued March 31, 2003. Under the modified program, the formula for determining the fuel surcharge will be based on the monthly average price of West Texas intermediate Crude Oil (WTI Average Price), an industry standard for tracking oil prices. The WT1 Average Price for a given calendar month will be determined by adding the daily WTI prices published in the Wall Street Journal during a calendar month, and dividing the result by the number of days so published. The result will be rounded to the nearest cent. The fuel surcharge will be 0.4% of the linehaul freight charge for every S1.00 per barrel, or portion thereof, by which the WTI Average Price exceeds S23.00, starting at a WTI Average Price of $23.01. The following schedule provides the new fuel surcharge within the noted WTI Average Price ranges: WTI Average Fuel Price Per Barrel Surcharge Between and Percentage $23.00 Below No Surcharge $23.01 $24.00 0 4% $24.01 $25 00 0 8% $25 01 $26 00 1 2 /, $26.01 $27 00 1 61,0 $27 01 $28 00 2.0% $28 01 $29 00 2 4% $29 01 $30 00 2 8 % $30 01 $31 00 32,110 $31 01 $32 00 3 6% $32.01 $33 00 4 0°/ $33 01 $34 00 4 41,0 $34 01 $35 00 4.8% $35 01 $36 00 5 2 % VVTI Average Fuel Price Per Barrel Surcharge Between and Percentage $36 01 $37.00 5.61/o $37 01 $38.00 6 010 $38 01 $39 00 6.4% $39 01 $40 00 6.8% $40 01 $41 00 7.210 $41 01 $42.00 7 6% $42 01 $4,3 00 8 0% $43 01 $44 00 8 4°/ $44 01 $45 00 8 8% $45.01 $46 D0 9 2% $46 01 $47 00 9 6% $47 01 $48.00 10 0% $48.01 $49 00 10.4% $49 01 $50 00 10 8% ,V1,::;j ju I u!t4� rage i or 611!1AQSX September 13, 2004 3:35 PM EDT hiel;� Close? CSXT Fuel Surcharge will change from 7.2% to 8.8% October 1, 2004 CSXT Fuel Surcharge will change from 7.2% to 8.8% October 1, 2004 Due to continued high fuel cost, the current CSX Transportation fuel surcharge of 7.2%, which became effective September 1, will change to 8.8% for shipments having a bill of lading dated on or after October 1, 2004. The 8.8% fuel surcharge for the month of October is based on the West Texas Intermediate Fuel Oil (WTI) average price of $44.94 per barrel as published in The Wall Street Journal for the calendar month of August 2004. See daily updates and more information on. the fuel .surcharge. Click on the Fuel Surcharge link in the "See Also" box. You also can subscribe to receive Fuel Surcharge notifications via e-mail on the Fuel Surcharge Status page. Please address any questions to your CSXT Account Manager. Clyde McIntyre Director, Pricing Services CSX Transportation Jacksonville, FL Close hops://shipcsx.com/ec.shipcsx/BullefinDet a ils?seq=3&releaseId=19871 9/13/200 AQY Commercial Carrier Corporation P. 0, Drawer 67,509 Hwy 92 Fast Aubulll tale, FL 33823 r MARKETING (863) 967-1 10.1 x6103 fax (863) 965-1079 emai I:.I pri dnuirCCa' ccc.a nncar.co m September 13, 2004 Mrs, Elizabeth Hart Chemical Lime Company State Road 676 Nichols, FL 33863 Dear Elizabeth: Commercial Carrier Corporation appreciates the business relationship with Chemical Lime Company. Upon review of the current rates with your company, CCC is implementing a rate adjustment to transport freight using tanks and flatbed equipment. In order for you to plan your business activities, the revised rates become effective October 1, 2004, If you should have any questions, please do not hesitate to call. Sincerely, j&,�dy L. Pruimcw& Judy L. Pridmore Claims & Tariffs Administrator Enclosures .Sri lc'e Ahwcr.v. All 1F'u1s.' Bulk Rates Proposed Commercial Carrier Corp Confidential Page 1- - Mileage Scale FROM TO Current Rates Proposed Rates Minimum Tons • 25 Minimum Tons - 2 BULK BULK 1 20 6B9 739 21 25 737 792 25 30 737 798 31 35 809 876 36 40 809 881 41 45 881 959 46 50 881 965 51 55 981 1070 56 60 981 1076 61 65 1024 1125 66 70 1024 1130 71 75 1091 1203 76 80 1091 1200 81 85 1188 1311 86 90 1188 1317 91 95 1240 1375 96 100 1240 1380 101 105 1335 1481 106 110 1335 1487 111 115 1430 1587 116 120 1430 1593 121 125 1483 1652 126 130 1483 1057 131 135 1612 1792 136 140 1612 1798 141 145 1692 1883 146 150 1692 1889 151 155 1728 1931 156 160 1728 1936 101 165 1778 1992 166 170 1778 1998 171 175 1851 2076 176 180 1851 2082 1B1 185 1980 2217 186 190 1980 2222 191 195 2056 2304 196 200 2056 2310 201 205 2162 2421 206 210 2162 2427 211 215 2231 2502 216 220 2231 2507 221 225 2307 2589 226 230 2307 2595 231 235 2418 2711 236 240 2418 2717 241 245 2494 2799 246 250 2494 2804 251 255 2596 2912 256 260 2596 2918 261 265 2674 3001 266 270 2674 3007 271 275 2747 3086 276 280 2747 3091 281 285 2826 3176 286 290 2826 3182 291 295 2901 3262 296 300 2901 3268 301 305 2960 3353 306 310 2980 3358 311 315 3060 3444 316 320 3060 3450 321 325 3135 3530 326 330 3135 3536 331 335 3211 3618 336 340 3211 3623 341 345 3290 3708 346 350 3290 3714 351 355 3365 3794 356 360 3365 3800 361 365 3443 3884 366 370 3443 3889 371 375 3522 3974 376 380 3522 3980 381 365 3599 4062 386 390 3599 4068 391 395 3673 4148 396 400 3673 4153 401 405 3751 4237 406 410 3751 4243 411 415 3827 4324 416 420 3827 4330 421 425 3906 4415 426 430 3906 4420 431 435 3962 4502 436 440 3982 4508 441 445 4066 4597 44F 450 4066 4603 CHEMICAL LIME COMPANY SOUTH FLORIDA PURCHASING COOPERATIVE PROPOSED QUICKLIME PRICING SCHEDULE November 1, 2004 - October 31, 2005 Agency Lime Price Freight Delivered. Broward lA $ 122.25 7.39 J 129.64 Broward 2A $ 122.25 $ 7.39 129.64 Broward 3A 122.25 7.39 $ 129.64 Broward D-4 $ 122.25 $ 7.39 $ 129.64 City of Coral Springs $ 122.25 $ 7.39 129.64 Town of Davie - 76th Avenue $ 122.25 $ 7.39 129.64 Town of Davie - 64th Avenue 122.25 7.39 $ 129.64 City of Deerfield Beach - East 122.25 7.39 $ 129.64 City of Deerfield Beach - West $ 122.25 7.39 129.64 City of Fort Lauderdale - Fiveash 122.25 7.39 129.64 City of Fort Lauderdale - Peele Dixie 122.25 7.39 $ 129.64 City of Hallandale $ 122.25 $ 7.39 $ 129.64 City of Hollywood Water Plant $ 122.25 $ 7.39 129.64 City of Moll wood WWTP 117.50 25.07 $ 142.57 City of Lauderhill 122.25 7.39 $ 129.64 City of Margate 122.25 $ 7.39 $ 129.64 City of Miramar 122.25 7.92 $ 130.17 City of North Lauderdale $ 122.25 $ 7.39 . 129.64 City of North Miami $ 122.25 7.92 130.17 City of North Miami Beach $ 122.25 7.92 $ 130.17 City of Pembroke Pines $ 122.25 7.39 129.64 City of Pom ano Beach 1.22.25 7.39 $ 129.64 City of Sunrise - S rin xree $ 122.25 $ 7.39 $ 129.64 Icity of Sunrise - Watermill 122.25 7.39 $ 129.64 [City of Tamarac 122.25 $ 7.39 $ 129.64 *Prices are per US ton (2000 pounds). Delivery via pneumatic tank truck, 25 ton minimum delivery. 2 free hours unloading time, standard demurrage charges will apply thereafter. *Rail and truck freight subject to change. Actual freight cost at time of delivery will apply. CHEMICAL LIME COMPANY - FLORIDA REGION PRICE LIST Effective October 1, 2004 Nichols Terminal Chemical Grade Pebble Quicklime Chemical Grade Granular Quicklime Chemical Grade Liquid Lime Slurry ort Lauderdale Terminal Chemical Grade Pebble Quicklime Chemical Grade 3/4 x 5/8 Chemical Grade 5/8 x 3/8 Chemical Grade 3/8 x 10 Mesh $123.50 per ton $123.50 per ton $150.00 per dry ton $130.00 per ton $130.00 per ton $130.00 per ton Hydrated Lime - Brooksville Hydrated Lime Plant Chemical Grade Hydrated Lime Full Truckload Quantities 50-Pound Bags, pallatized $175.00 per ton 1,200 Pound Bulk Bags, palletized $200.00 per ton Bulk $130.00 per ton Less than Full Truckload Quantities 50-Pound bags $190.00 per ton 1,200 Pound Bulk Bags $200.00 per ton Individual 50-Pound Bags $ 6.00 each Delivery available. Prices do not include applicable taxes. Hydrate bags are multi - wall paper bags, 50 bags per pallet. Pallets are 42 x 42 four-way, non- returnable pallets. Full truckload is 20 pallets (25 tons). 'Perms are available with approved credit. Drop shipments and special orders may be accommodated by calling Customer Service at 863-425-1544. Chemical Lime Company PO Box 1135 Mulberry, Florida 33859 863-425-1544,fax 863-425-0685 k y 1 r;r r rr l='t r It a ;itr, rr,rl t rr f.5. t.. AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC Ul is CHEMICAL LIME COMPANY OF ALABAMA, INC. This Amendment to the September 10, 2003 Agreement between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Chemical Lime Company of Alabama, Inc., an Alabama corporation with principal offices located at County Road 676/Nichols Rd., Nicho�, Florida 33863 (the "Contractor") is made and entered into this ./, day of 1,'0. = - , 2004. WHEREAS, the City and the Contractor entered into an Agreement dated September 10, 2003, awarded as a result of Bid 03-24B, "Furnish, Deliver and Discharge Quicklime", issued on behalf of the Southeast Florida Governmental Purchasing Cooperative; and WHEREAS, both parties wish to amend the original Agreement dated September 10, 2003; said amendments to include a one-year renewal term, an increase in the quicklime cost per ton and the revision of the original price escalation / de-escalation clause; and WHEREAS, the Contractor represents that it is currently capable of continuing to provide the necessary quantities of quicklime to the City and the Southeast Florida Purchasing Cooperative; and NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree to amend the original agreement as follows: 0e(.% C'i(V of I afnaaw Pwch asit4j d:aod C:oratr�:aets Division 1. 4) Term The term of this Agreement shall be for an initial one-year period beginning November 1, 2003 2004 through October 31, 2004 2005. The City reserves the right to renew this agreement for feu (4) three 3 additional one (1) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 2. 5) Contract Sum The Contract Sum for the above work is $11 A 52 129.64 per ton delivered. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 03-24B, Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant. All prices, terms and conditions shall remain firm for the initial period of the contract. No price increase will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal, based on Bidder's actual freight and fuel costs only (no profit mar -in iflsrease). Increase or decrease shall(50 be predicated on actual costs incurred b the Contractor, which shall be documented to the satisfaction of the City. Cost ad'ustments shall reflect only a direct pass -through of costs and no changes to the Contractor's profit margin shall be i3ermitted. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. 3. All other provisions of the original agreement dated September 9, 2003 shall remain in effect as written. THIS SECTION INTENTIONALLY LEFT BLANK Words struck through are deletions from the agreement. Words underlined are additions to the agreement ........ 2 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 Chemical Lime Company of Alabama, Inc., signing by and through its Florida Manager, duly authorized to execute same. ATTEST: i ,Z�' C -1//4 1 A� -Z"k Marion Swensorl, CIVIC 111�11-City Clerk 40 Date ATTEST: (Corporate Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAM AC Schreiber, Mayor a 1� Date Jeff re . Mffler, City Manager Date: A rove f an gal sufficiency: Mitchell S: KrW. Ci*/Atforhev Chemical Lime Co. of Alabama, Inc. ( nature of Florida Manager) John L. Thompson Type/Print Name of Florida Manager Date Kj City of Tamarac 0. Purchasing and Contracts. Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF _ Folk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L. Thompson, Florida Manager 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/she executed the same. WITNESS my hand and official seal this 5 day of October , 2004. a t`Ia - Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public >a Personally known to me or L1 Produced Identification Type of I.D. Produced jl DID take an oath, or iQ DID NOT take an oath. ' Elizabeth A. Hart o �� _CaM-1Sdnm # DD M7`R1 y,-c - Ezpires Sep. 17. M Banded Thiu Atrlanti, Bacnding Co., inc