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City of Tamarac Resolution R-2003-207
1 Temp Reso #10230 Page 1 August 27, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- ao A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID 03-24B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO AND EXECUTE AN AGREEMENT WITH CHEMICAL LIME COMPANY OF ALABAMA, INC. FOR A PERIOD OF ONE YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL OPTIONS, ISSUED ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. Seventeen governmental agencies will utilize this bid to purchase approximately 65,000 tons of quicklime, a copy of said bid is attached hereto as Exhibit "A"; and WHEREAS, the City of Tamarac publicly advertised Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" in the Sun -Sentinel on June 22 and 29, 2003; and WHEREAS, eight (8) vendors were solicited; two (2) no -bids were received and two (2) bids, from Chemical Lime Company of Alabama, Inc. and Carmeuse Lime and Stone, were opened and reviewed to determine cost and responsiveness to the City's specifications; and Temp Reso #10230 Page 2 August 27, 2003 WHEREAS, Chemical Lime Company of Alabama Inc. submitted a bid price of $118.52 per ton, and was deemed the lowest responsive and responsible bidder, a copy of the bid tabulation is attached hereto as Exhibit "B", and WHEREAS, sufficient funds are available from the Utilities Department Operating funds; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Bid 03-24B be awarded to and an agreement executed with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with four (4) additional one (1) year renewal options; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 03- 24B and execute an agreement with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with four (4) additional one (1) year renewal options, on behalf of the Southeast Florida Governmental Purchasing Cooperative. 1 n 1 1 Temp Reso #10230 Page 3 August 27, 2003 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 award of Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime Company of Alabama, Inc., on behalf of the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Chemical Lime Company of Alabama, Inc. as part of said award, a copy of said agreement is attached hereto as Exhibit "C". SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso #10230 Page 4 August 27, 2003 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 10th day of September, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELLS. KRAFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS _ 1 1 TEMP RESO 10230 l � l EXHIBIT A l � l j INVITATION TO BIDl S 1 of M l L "- rK S t � � l Z j S l S 1 � l BID NO. 03-24 B j S j Furnish,,Deliver and Dischar eA* l of Quicklime j S l � I � I S 1 S l City of Tamarac S Purchasing Division j 7525 NW 88th Avenue Room 108 l Tamarac, Florida 33321-2401 l � (954) 724-2450 l S j S Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" INVITATION TO BID BID NO. 03-24B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, July 23, 2003 at 2:00 p.m. (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH, DELIVER AND DISCHARGE OF QUICKLIME The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original bid, clearly marked "Original", shall be submitted on the official bid form furnished with this bid package. Two (2) photocopies of the submitted bid should accompany the original; however, copies must be made available within 3 business days of the City's request. The submittal should be plainly marked "Bid No. 03-24B, Furnish, Deliver and Discharge of Quicklime, opening on Wednesday, July 23, 2003 at 2:00 p.m." on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450; and for technical issues, contact John Harvey, Water Plant Superintendent, at (954) 724-2430. Steven J. Beamsderfer Buyer Publish Sun Sentinel: Sunday, 6/22 and 6/29/2003 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fox (954) 724-2408 ■ www.tamorac.org Equal Opportunity Employer 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 an 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" o 0 ro U 0 U O n Cn L 4L/ G Co 07 Cu ro CZ. •U C Cv m ro N ..0 r.+ ro C 0 0 LL W z O = C� 00 O CD ti C) M ti Cn ti M O CCJ ti W M ti j CD C` M (D CD ti� LC) Co by u7 0) fl- CC) O CD u) M 1qq Iqr LO 0) M CO r r1 t t Co LO M CD •r O r � M ti LO 0) CD r O e1 ti O ti�� ti 0 0) O 00 M IT dp CO 1 In 0) O M M � 00 1 u) 0) CO r M (� 00 N 00 CO 0) CD s- M ti CO N Co y` LC) MI Q r CD r �L LO qt ul) 0) N� M CO M N 0 LO 0)1 qT O M O M r- 0 M It 0 Nt D N Oi LO a) CO 0 CO - ti CD 1 u) 0) O O C) O N N ti qT u7 0)1 I- r CD N 0) 00 CO CO 0 r 0) N M 't M CO CO 1 w r S CD O M !t i` LP) 01 w M O ,t co 00 � It Lo D) N O N N N h 000 1 CO 0) N O CV N N i� 1 LC) 0)1 a LO d N E N IT LO CF) L O E 't a F— rZ Vro N E C7 O C/) O N E ro 0 O ro u) O N E ro (7 O Co CA O aN)cLv E ro CD O Ct1 O fL' cn N L CO W C M E == L "" a) 2 C Cua E .O W 2 c C) ca C C O ❑ c O U (a C C O ❑ L M z m ] M ❑ L M z CL) ] ro ❑ a) Q N O "G ro U U 0 O C CU J L O C� a) C C O Ulm C o (a a a) ro Q1 Q) C Cv Ca LL N t] L O ❑ C C G ro .0 U 0 12 m= •L L- Q) t-- E ro N (u -j o CO o J O C G Q o M J Q) C C Q v E ro a) m a: to N d N W Hw U CD COCV) M M �- C0 -j W COr) M U O m-2 G CCf E 0 a r M ce)M M O fa OO � ro J LL CQ U M N 00 C ro� E p d CO Co Cn G ro o U r Co CoM CA 5> ro ❑ r M N Co ❑ qT Co .G COa O Co o N a� N ❑ A L O m �_ m a) ❑ O Co M ro -0 w O ro -j ,; LL r C+) M ro -2 a) C ro J -.; LL O Q M CO 'CO C `—° ro = N CO) M O 0 — o 2 r C') M M L E m m J M (D O Co m ... 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Z. z- i�C�UU .. ., CIII TA City of Tamarac Purchasing 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 City of Tarrrarar, Purchasing and Contracts Division ._.._.........................._..__...._.....................-....... _...... ......... < r 3. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Division. 4. PUBLIC ENTITY CRIMES STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON -COLLUSIVE AFFIDAVIT: Each Contractor shall complete the Non - Collusive Form and shall submit the form with the Proposal. The City considers failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Bid. 6. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 7. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. DELIVERY: All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 9. BRAND NAMES: Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. 5 e City of Tarnar�rc 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 s City of Tarnarac Purchasing and Contracts Division notice of termination, terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 17. ASSIGNMENT: The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 18. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 19. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 21. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 22.. INSURANCE REQUIREMENTS: Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage that the Bidder agrees to maintain during the term of this contract: 7 Y 4 u � City of Tamarac, Purchasing and Contracts Division Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability Workers' Compensation & Employer's Liability Limits Occurrence Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 Purchasing and Contracts Division __....__..._.._._... ._.._........__._._.._..._...._.................... q, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 24. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid,. the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. 25. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting the document via fax. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 26. RECORDS/AUDITS: The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. .......... _.... _..... __.._... .......................... 9 F <� City of Tamarac Purchasingand Contracts Division ... _.... _._— ....... ......... ...— - .._.._....... SPECIAL CONDITIONS BID 03-24B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply quicklime per the conditions and specifications contained in this document. The contract term shall be for an 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. 2. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in determining a 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. 3. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. 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. 10 + A� City of Tamarac, � —Purchasing and Contracts Division ............................... � R. 5. DAMAGE TO EQUIPMENT If it is determined that the Bidder has shipped a product other than that specified, resulting in equipment damage, the Bidder shall assume full responsibility for the cost of repairs. 6. DELIVERY Bidder shall be capable of and agree to the following: A. Delivery 24-hours per day, seven days per week. B. Furnish a weight certification with each shipment. Certificate shall indicate gross, tare and net weights. C. Provide a physical and chemical analysis with each delivery. The analysis shall be certified and performed by a reputable testing laboratory. A one (1) pound airtight sample must accompany each shipment. D. Deliver to the designated facilities and discharge product pneumatically into the specified storage tank. E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. INSURANCE Bidders shall submit copies of their current insurance certificates with the bid. Failure to do so may cause rejection of the Bid. 9. REGULATORY COMPLIANCE The Bidder shall submit a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). 10. SECURITY The awarded Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. a r Cityof Tamarac Purchasing and Contracts Division _....... .. .... - .... _.._ --- ------ .. ._.._........_........._.__..—_........._..._.—._ _..._.. __ _ _-- -- — � P P� 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. 12 City ot' Tamarac F o- Purchasing and Contracts Division TECHNICAL SPECIFICATIONS BID NO. 03-24B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Pebble lime, bulk must be in accordance with Standard American Water Works Specifications B-202-02. The following requirements and testing procedures are applicable. (A) Slaking Rate Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Content Shall contain a minimum of 92% free lime. (C) Residue After Slaking Residue shall not be more than 2% by weight on 100 mesh sieve. (D) Sampling Procedure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten -pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event of a dispute. City will use the final quarter in the event of a dispute. (E) Testing Procedures 1. Slaking Rate As covered in AWWA Specifications, B-202-02, Section 5.4. 2. Calcium Oxide As covered in AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After Slaking As covered in AWWA Specifications, B-202-02, Section 5.5. (F) Two Pebble Sizes Re wired (Agency to specify) 1. Pebble size shall be between 1/8" and 3/8". 2. Pebble size shall be between 3/8" and 1 /2". 13 City of Tamarac e--- Purchasin 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. ❑ 8. Fill out the List Of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. ❑ 1 o. 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 F T�� City of Tamarac Purchasing and Contracts Division .1......1........... Submitted by: BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 03-24B (Bidder) (Date) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 881h Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the " Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 15 w07+ Q � n (1) O O H ,,c^0 U -0 U Q Q Lo U 12 C7 O p cn b U C O O N 02 cn U) L N C C D ° . ° NN co a) N O N i cr O L � cn _ C8 .N .� C-aoE O a� C) m L C :2 CroEL_o O " LLin L) Y) N m❑� a� m CL 3 cn a) O O j - m �• W L L .� 0 O a p O C C 70 C — C 0.— � C O 'p 0) -o o �. .a o E 3 .L _ p -Op -- "O O d m �0CL ►E m 0 O R E L ._ 0 q O .� N �'._ N W NO Ca O .�.. 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(2) Hallandale — Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. The undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promise and agree that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Company Name Address City, State, ZIP Contractor's License Number Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# 17 9M 7 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: % DAYS: Delivery/completion: 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 _ City of Tamarac Purchasing Division\""� t er, NON -COLLUSIVE AFFIDAVIT State of )ss. County of ) deposes and says that: being first duly sworn, 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: M Witness Witness Printed Name Title 1 of 2 Non -Collusive Affidavit P A C City of Tamarac Division -- -- Purchasing ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT 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 __..._...-----------._.._._.. -----2 of 2 Non -Collusive Acknowledgement City of Tamarac Purchasing Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number CORPORATION ❑ OTHER ❑ Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person 1 of i Cedification City of Tamarac = Purchasing 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 88th 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 3 Bidder's Dualification Statement City of Tamarac, = ^� Purchasing and Contracts Division State whether general or limited partnership 4. If offer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: NAME ADDRESS 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present name? a. Under what former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions that are the subject of the Bid. Please attach certificate of competency and/or state registration. 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 9. State the names, telephone numbers and last known addresses of three (3) owners, individuals or represpritatives of owners with the most knowledge of work that you have performed or goods you have provided (government owners are preferred as references): NAME ADDRESS PHONE 2 of 3 Bidder's Qualification Statement tCity of Tamarac Purchasing and Contracts Division 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 3of3 Bidders oualification Statement City of Tamarac REFERENCES Purchasing and Contracts Division Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 1 of 1 References F Purchasin City of Tamarac 11.1. ._......... ......_...._......_----..__.....c�..------._.....,tracts Division and Con t q1. 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 1 Drug -Free Workplace City of Tamarac r w Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Contract license No. Subcontractor Name/Address 1of1 List of Subcontractors City of Tamarac Purchasing and Contracts Division 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. NAME TITLE Given under my hand and the Seal of the said corporation this day of (SEAL) NOTE: M 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. i of 1 Certified Resolution of Tamarac e _- _ _ Purchasing and ^Contracts Division EXHIBIT A CONTRACTOR PASS REQUEST Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed) Name I Work to be Performed - ........... -.-........ -..... - ........... ...........-. -- 1 of 1 Contractor Pass Request EXHIBIT B TEMP RESO 10230 Z co O W M tC� C7 to �!� M (h to 4J t�7 Cr1 117 47 C') 47 �A �i7 O O� t!7 CD tD CD cD cD cp � co W-j,t6c6a6c6c6mc6c6 W T- cp r cD cD r r cD cp 606wwwwwww Y r cD cD r cD tD wo6o6oicjw a Z Q a N N N N N N N N N N N N N N N N CV N N N N r r N 7 O r W 00 N C O ; C7 �� VNtcqCRcq� C � � � ���Nt� � a w��co 7 W=nt6�cd061,r-ww�I,.ww ,wwwwt wwc6c6ao z C J U. 0 O U ti Q � ^N, W O 0 0 0 0 O 0 0 0 0 N 0 0 N N to N 0 N 0 N 0 0 0 0 W LO 0� N N N N N N N N N N W 0 h N p N O N to N C7 N 06 N N 6 N 4 0 CO 0 0 Ca 0 C? O Ca 0 0 0 0 �17 t(7 t7 N N N N N N N O O N N N N N N CV N N N N N N N N IL W r r r r r r r T' r T- r T- r r r T^ v a O u °w O } Z rrn 4n 0 to 0 N N N t17 t(7 � 0 N N 0 to O m N N N to N N N it d: V: to LQ to � u7 u7 U] 0. ci W It v It ti � to to to co v f- f+ � rt 1� f� u) coCID uQ � f+ f— O) P.- t7p co CA 1— w a0 aD m J 1� C-Z ti co CO P— N W m`cn I o o W Q r OO u F-w m m � T- 0 cD CD cD CD C) � Cr! 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THIS AGREEMENT is made and entered into this D M day o 20 63 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. O Tq ` raGYdlt.� ilf'?(d ....... .................. 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. ...................... . 2 tlF City of T,,,imarat, u� f-'turchasing anri C'7r'r( r'ac: <, t.)ivrskr o 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 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 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 City :;f i,,.im afarf=7,ir<a taa :; ,arrrl C;' 1r'rir a t C:?ivi,4icart violation of such provisions shall constitute a material breach of this Agreement. .. ........ ........ ......... .............................. .... ...... 4 r< City r)f 7amar c ° (arch asin'f <m(! C"c?r7trr3(t� is>r�r7irart . ....... .... ..... 10) 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 F n i City of 1 tnlarnc' o F-'i'w� t`7 � 'i,ti1 r f sr.;rttt V:; O ;,are ( p to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 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. t of T am ar�ac, Purchtasrr g Mind contr<a<;t Oivisfon 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. CITY OF TA ARAC / J e Schreiber, Mayor Date < . r7,�. ATTEST: Jeffrey ill r, City Manager Marion Swenson, CIVIC Date: City Clerk ql(S 03 Approved as o forryi n sufficiency: Date r Mitchell S. Kraft, City A to ney 1. ATTEST: Chemical Lime Company of Alabama, Inc. AAZ'4� ::7 - 3 e-z---- (Corp ecretary ( nature of Florida Manager) Stephen Barnish, _ John L. Thompson Type/Print Name of Corporate Secy. Type/Print Name of Florida Manager August 27, 2003 (CORPORATE SEAL) Date 7 ez�Ctr c.)f CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF Polk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John L. Thompson, Florida 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 ��.n�► Elizabeth A. Hart M1, Rr: _ComIDM'Z # DDM-M- 1� �� Thtv Atlantic Bordirg Cn, I, day of August .20 03 �h1AroL .Alt -- 0Signature of Notary Public State of Florida at Large Elizabeth A. Hart Print, Type or Stamp Name of Notary Public r ❑x Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or 0 DID NOT take an oath. City of Tamarac Purchasing and Contracts Division EXHIBIT A CONTRACTOR PASS REQUEST Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities nnAwi "°° CERTIFICATE a-F. INSURANCE CERTIFICATENDMBER ..,, , HOU-000172717-01 PRODUCtr( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1601 ELM STREET POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR COVERAGE 2100 THANKSGIVING TOWER JERE AFFORDED BY THE POLICIES DESCRIBED HEREIN, G. DALLAS, TX 75201 COMPANIES AFFORDING COVERAGE SUE PYLE (214) 765-8594 44191--2003-02/03 AL MONT AL COMPANY J A CONTINENTAL CASUALTY CO /5 INSURED CHEMICAL LIME COMPANY COMPANY B AMERICAN CAS. CO. OF READING, PA (CNA) OF ALABAMA ATTN: TERRY LAWLEY PO BOX 479 COMPANY C TRANSPORTATION INSURANCE CO deg 1(5 MONTEVALLO, AL 35115 COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy,;period noted below. .n•• 10 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DWYY► LIMITS A GENERAL LIABILITY 251895.014 n / 10/ 1/02 • 10/01/03 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE o OCCUR Date of Review. PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT Acceptable FIRE DAMAGE (Any one fire) $ 500,000 MED EXP (Any oneperson) $ 5,000 Not Acceptable A AUTOMOBILE LIABILITY BUA2j°ffificiencies Belo,1Q7M2 10/01/03 COMBINED SINGLE LIMIT $ 1,000.000 X ANY AUTO BODILY INJURY (Per person) � ALL OWNED AUTOS SCHEDULED AUTOS Z_re BODILY INJURY (Per accident) 1 =•-• C_� HIRED AUTOS NON -OWNED AUTOS Author) natu2 PROPERTY DAMAGE 1 T1 •t GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM _w $ OTHER THAN UMBRELLA FORM B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 251894 980 AOS 251895 000 CA 10/01/02 10/01/02 10/02/03 10/01/03 uATU UIH X TORY nn rs ER EL EACH ACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 C THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL 251894 994 RE=TRO STATES 10/01/02 10/01/03 EL DISEASE -EACH EMPLOYEE I $ 1,000,000 THER t DESCRIPTION OF OPERATIONSILOCATIONSA/EHICLES/SPECIAL ITEMS WHERE REQUIRED BY CONTRACT CITY OF TAMARAC IS ADDITIONAL INSURED (EXCEPT ON WORKERS COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL —0 DAYS WRITTEN NOTICE TO THE CITY OF TAMARAC ATTH ALBERT COHEN CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP05E NO OBLIGATION OR 7525 NW 88TH AVE LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE TAMARAC, FL 33321 ISSUER OF THIS CERTIFICATE MARSH USA INC. �_. BY: Rex Cook 94 MM1(3102) VALID AS OF: 09/30/02