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City of Tamarac Resolution (259)
1 Temp Reso #9902 Page 1 September 9, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-259 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #02-27B, "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 02-27B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative. Sixteen governmental agencies will utilize this bid to purchase approximately 55,000 tons of quicklime, a copy of said bid is attached hereto as Exhibit "A"; and WHEREAS, the City of Tamarac publicly advertised Bid 02-27B, "Furnish, Deliver and Discharge of Quicklime" in the Sun -Sentinel on August 11 and August 18, 2002; and WHEREAS, six (6) vendors were solicited; one (1) no -bid was received and two (2) bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and Temp Reso #9902 Page 2 September 9, 2002 WHEREAS, Chemical Lime Co. submitted a bid price of $111.38 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 #02-27B 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 02- 27B 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 1 Temp Reso #9902 Page 3 September 9, 2002 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 02-27B, "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 which 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 #9902 Page 4 September 9, 2002 SECTION 6- This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 251h day of September, 2002. P:�a1*39 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL KF AFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 1 1 1 EXHIBIT "A" l l INVITATION TO BID 1 r l F YA r o M,� 1 V n l C�R,po l I I l I l I : BID NO. o2-27B 1 j e Furnish Deliver and Dischar of Quicklime I I j I City of Tamarac j Purchasing Division 7525 NW 881h Avenue Room 108 > Tamarac, Florida 33321-2401 ' (954) 724-2450 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 strict) prohibited from utili Jnq an contract or purchase order resultin 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. 6ROWARD CO.OP "WORKING TOGETHER TO REDUCE COSTS' of T4_19 . City of Tamarac 10�1 ' P kOR1"Committed to Excellence... Always" 0 0 Purchasing Division CITY OF TAMARAC INVITATION TO BID BID NO. 02-27B 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, September 4, 2002 at 2:00 p.m., at which time bids will be publicly opened and announced for: FURNISH, DELIVER AND DISCHARGE OF QUICKLIME The attached Invitation for Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The Governmental Agencies participating in this particular 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 and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 02-27B, Furnish, Deliver and Discharge of Quicklime opening on Wednesday, September 4, 2002 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 at 724-2430. Lynda S. Flurry, CPPO, CPPB Purchasing and Contracts Manager Publish Sun Sentinel: Sunday, 8/11/02 Sunday, 8/18/02 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 0 www.tomarac.org Equal opportunity Employer l.� O c� U O 7 .0 70 U U CL CA 70 C :L7 ..G C co CL U) Q) �U C U 0) cz U .ty O CCf _o 0 LL !]J Z = 00 O CD LO C7 rn CD 0 CD Lo C*7 v rn CD 0 CD C7 rn CO 0 CD C7 v rn 0 M CrJ rt rn Q r Cr1 m T 0 T C7) C rr rn CC) r O r Cn j_ rn 0 M M O CD d v rn cD r 00 1- CD N CO rn cD T CO 1- CO N CO v CD M 1� CD N QO rn O r Co r 1� U] �r rn N M M C? r N Cn v rn -t Nt 0 C 7 O M LO rn LO Nt CD N t• Cn rn M M T 1� CD C77 rn 0 O M 4 N N j` rn m r M CD C7 LO rn a0 M 0 It cD M J� rn N 0 N N N 1- m rn N 0 N-T N N 1- L v rn O Cn N N C 4 rn U Z �] U O E C4 O (n O CC O E (� 0 L u1 O O E (� CD O_ LCd U) O tY CU E cd U� 4 U) O CC v ttl 2 C Q i 0 ` N c� Cn m C (� t= __ N 2 c C� E ^ O = U C O U C C O ❑ M Z W 7 c0 ❑ m Z 0 7 w O -r ttS Z v > CO ❑ L q) — � Q N O L ca U C O O 0 5 -0 (D J -0 O lr N N C CU C C O U O C E O Cd a .O � 2 O Cw v (D O UT] L O �-- C 70 = a d) U O W O J v C Q O +. 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N Nn Cr UL N v LL Un p r i--� d O iS x v O 0- LLI T i d: Q) � 0 O v C ] Q Z �n r N 7 /yam W O O O = -t NT CO Cp = O > �_ Z C7 Ca N O ❑ L 7 a) Q 0 T O " ^, f" = CD Un 0 CD N CU n j ¢ T T � CD EOM A--� U) C C O � (DD 0) � ►- \y ice'• N T LLI r C7 C7 v '��- ❑ .cn . .� CS d C7 d C5 ro0 -_ E � CV o qq LO T Q01 L Cn Z O CO f- LU QO C 00 -o N C O -0 co C O U -0 06 ❑ C O U -0 O v U cn (n 2 0 U v 0 Q) 0 cz Lfl N v o -a v -O CO J p LL '0 v 'a CC _J p LL � m -O ca J p LL �, n w = 0 O O = — p WCa J ct7 L M CLO -o � "� O z v .Y O E a pL1 O W E O a O C Un v C n (n U co E m F— m m m m m CA 3 m 0 C] 0 U 0 C 0 c 0 (] 0 U o U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U cn T�N City of Tafnarac Purchasing Division INSTRUCTIONS TO BIDDERS BID NO. 02-27B 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 basis, lump sum or individual item basis 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, September 4, 2002, no later than 2:00 PM. 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 the bid package. Bidders are required to state exactly what they intend to furnish to the City via this solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified herein. The, Bidder shall submit one (1) ORIGINAL and TWO (2) copies of the bid. 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. Bids having 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 sixty days from the date of the bid opening unless otherwise stated by the City. 2. BONDING: Not applicable for this bid. 4 of Tamarac Purchasing Division 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 City of Tamarac (0. Purchasing 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 t Purchasing Division of Tamarac 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 of Tamarac Limits Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Occurrence $1,000,000 Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Purchasing Division Aggregate $1,000,000 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. City of Tamarac Purchasing Division 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 properly damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 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. wo City of Tamarac t SPECIAL CONDITIONS BID 02-27B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Purchasing Division 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply quicklime, as per the conditions and specifications contained in this document. The contract shall be for an initial period of one (1) year. Operations are to begin November 1, 2002, or as close to that date as possible pending award by City Commission. The City reserves the right to extend the contract for four (4) additional one (1) year periods providing all parties agree to the extension, and all of the terms, conditions, and specifications remain the same. 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 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. Purchasing Division Of Tamarac 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. 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). 11 Purchasing Division of Tamarac t TECHNICAL SPECIFICATIONS BID NO. 02-27B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Pebble lime, bulk must be in accordance with Standard American Water Works Specifications B-202-93. The following requirements and testing procedures are applicable. (A) Slakin 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) Sam lin 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) Testin Procedures 1. Slaking Rate As covered in AWWA Specifications, B-202-93, Section 5.4. 2. Calcium Oxide As covered in AWWA Specifications, B-202-93, Section 5.3.2[2] under Rapid Sugar Method for determining available lime index. 3. _Residue After Slaking As covered in AWWA Specifications, B-202-93, Section 5.5 except with a US No. 100 sieve. (F) Three Pebble Sizes Re wired A ency to s eci 1. Pebble size shall be between 1 /8" and 3/8". 2. Pebble size shall be between 3/8" and 1/2". 3. Pebble size shall be between 3/8" and 3/4". 12 Purchasing Division of Tamarac e COMPANY NAME: (Please Print): Chemic 1 Phone: 863-4 --1 Fax: - - BEFORE SUBMITTING YOUR BID MAKE SURE YOU... Carefully read the General Terms & Conditions and Special Conditions. g 2. Carefully read the Technical Specifications and fill out the Bid Form. 0 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 0 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. 0 5. Fill out the Bidders Qualification Statement. 0 6. Fill out the References page. Q 7. Sign the Vendor Drug Free Workplace Form. [] 8. Fill out the List Of Subcontractors. Q 9. Fill out and sign the Certified Resolution. M 10. Include proof of insurance. 11. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. [x� 12. 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. 13 of Tamarac Purchasing Division r BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 02-27B Submitted by: Chemical Lime Company of Alabama,08 26 02 (Bidder) (Date) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88'h 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 sixty (60) 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. 14 ���3 CC p 0 C Q 0 Z U m Q � an vi 0 C (U Q L 'O U ~ (F U) OD i U U a) ro :E" L L � fr UO O 7 a) U) •U -0 O c m o :5- 0 cn a) - a) U U M O O O Q� Q -0 cn to cn .N 0 C N O C O O cL D C } (D CT C» L (!1 En-0 .O a) - -° o =ao-0 cn v C OE cn L N O O N Q) cu U U -d -0 5 " = .O U N ca C1 ro (» 0 U O j a) r N .W Q) ro L � k }- Q W O nt "' O _0 7+ O -0 C _O C p ❑ C OcoN O LO U _ .0 O C L cy) 'CJ O C CO U) 'O co O ¢ a — CL 'O ❑ `o O CES .0 cu C) w r rr ` C � :� O � CM C 'C �oUJ o ID CL U) J axccvU a) a) cn �roF-mC1 F- ❑ W 0 � UW J DW a Lr W UU- U Z WD U ~ crq �T a O Ca CD c d r r W CX7 CO C 0 C D CO o0 CO CO a0 CA M W N M � N N f7D C1D ` M ` w � CL7 co !22 ` 00 co ! 7o c) J LLI co C'7 [7 c'i C�J C7 c7 C C7 m CO C7 r c'] r r M co cc) c7 c7 r] co co m N I I I I I I I I I I I I I I I I I I I I I I I co ( co !�o co m ago m co OD ago cn m co m m co 20 — 02 CD co aD ao ao aD co co aW 0 o a o Ca C) a C) 0 o� a Q 0 o 00 o C, 0 O �n N Ca a a Q o Ca o n Q o o o Q a C) a Lp d o d m N Lo LO U-) L (D Ll Lo oc N Q Ln O LO O N N O N CO CD r h r r Crj r a� a� �o ro ro O cn - CD d coco lL m -J C)fr) t0 Q) L V) w ctl -j v di iti " co o u c 0 LL O -O W C (]. N LL ❑ N cts a] O C c� U U) m 0 - 7 O U] a> 'D oo — o L CU x co U 0 a O O= cd .O �; a) ❑ a (� v �O Op L E J O C O ` CU r o o o U ro ❑ ro ai or U)CO r C ro o � � c�L� `- v E > o E W - U ❑ m � = z 0. ❑ F-- 7 av c� _- ai ai ai ro Z 4 o co2 ai ai - oo a ro ~ O _ C o CL O 4) C ai G ai C❑ - r LO LD U a) m 7 CP w a) W ❑ O m Q C a a Q� a N T G CA -D 7❑ a O C Cn °� ❑ Q) ro 4 — (/) L L L_ L co V - r L (V 7 ¢ O L 7 �»- t 7 Q p Lt7 fG r� V CDL O N C O 0) r N ,r CD LO w d � o LL .x .o tD _ o w r C L N c .` m Z z Cl) Z U) Z Z U) O LLn ❑ 2 Z U) � Ll1 w C!] a z 0) OD O r r- O O 00) 0 O N _0 F- Z r n d 0 O+^ Z O cD z r O m Ca CD O -Kt co O r• CO. m r m v N .- r m CO. W) C7 rn co cD Crj LL ro O _0 N v c7 O N a r (D N CO m Ca C7 m r" w �n r m a a d a 06 06 06 co O N m❑ U a) -Q -0 'a ch O a C ca a) Z > > > 0 -o a)m -0 -a o m co o U W c > o - cz N)T)o a 0 0 0 0 o io ai ° — E E E U U C) 0o p o a o m o ro �_ o n n- o >> ro O v O -O U U `o ❑ LL LL LL 2 2 � Z 0. U) W CO F- 3 ro 3 3: 3 f: 3 O O C C O O O O O O O _ O O O O O O O O O Lf>y 3 fl__ ________ m m m t] U FU U CU CU u U c 7 3- (U 3 C) U U C Purchasing Division City of Tamarac Delivery Location Special Conditions: (1) Coral Springs - Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY. (2) G.T. Lohmeyer, Ft. Lauderdale - Delivery must be made within 3 Hrs of projected arrival schedule. Trucks shall be equipped with a 4" cam lock connection. (3) 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. Quicklime Price Per Ton for any of the following three sizes. Sizes specified by agency. Pebble Size 3/8" X 1/2" Delivered by Truck Pebble Size 1/8" X 3/8" Delivered by Truck Pebble Size 3/8" X 3/4" Delivered by Truck If rail car is pulled for safety compliance, will bidder deliver trucked lime at rail price? ❑ YES EL] NO 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 wil be at the expense of the bidder. gov3lv��� Chemical. Lime Com an Company Name Ztehorized Signature P.n Sox 1137 Address Mulberr Florida 33860 City, State, ZIP NA _ Contractor's License Number John L. Thompson Typed/Printed Name 86L25_--U 86 Telephone & Fax Number 63-1002_ Federal Tax ID# City of Tamarac 0 BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 02-27B continued Bidder's Name: Chemical Lime Company, Inc. Purchasing Division NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: p % DAYS: Net 30 Delivery/completion: *** calendar days after receipt of Purchase Order ***48 hours advance notice for deliveries is requested. NOTE: To be considered eligible for award, one (1) ORIGINAL AND TWO (2) COPIES OF THIS BID FORM must be submitted with the Bid. 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. 17 Division City of Tamarac BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 02-27B continued Bidder's Name: Ch Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Gen Conditions Sectionsar grra hVariance Ple 'technical Spricifications Section yaraaraphVariance Section Variance Section Variance Attach additional sheets if necessary. ATTACHMENT TO ATTACHMENT "A" OF BID PACKAGE 01-02B Variations to Certain Terms, Conditions, Specifications. ITEM 1. General Conditions, paragraph 11. Condition of Materials/Limitation of Liabilit . NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT PERFORMANCE HEREOF,F THE PERFORMANCE W O THEIS AGREEMENT, R BASED UPON OR DEFAULT IN THE PE CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED EMENOOF THE PURCHAREPLACEMENTOE PRICEODR SUCH PRODUCT OR REIMBUR NON -CONFORMING PRODUCT. 2. Technical Specifications, paragraph (F). Product provided will conform to the properties represented on the attached Product Specification Sheets as in previous years. , Chemical Lime A Lhoist Group Company Standard Product Specifications Parameter Sizing Bulk Density Available CaO L.O.I. �. Mg0 Si02 Fe & Al compounds Sulfur 3 min. Reactivity 30 sec. Reactivity Water Insoluble Residue Small Pebble Hi -Cal Quicklime SDecification Number 101001601) * Analysis Method * Standard U.S. Sieve * Avg. Cubic Foot Wt. * ASTM C 25 * ASTM C 25 * ASTM C 25 - C 1271 * ASTM C 25 - C 1271 " * ASTM C 25 - C 1271 * ASTM C 25 - LECO * ASTM C 110 * ASTM C 110 * ASTM C 110 r Normal Range 1/3" x 1/2" 571b / cu. ft. average 92.0% min. 93.4% averag, 2.0 % max. 1.5 % average 3.0% max. 2.0%avera e 1.5% max. 0.5% average 1.0`/o max. 0.7% avera e 0,050% max. 0.020°/n averag, 40' C min. 52' C avera e 25' C avera e (930 mesh) 2.0% max. 0.8% aver Note: Total CaO may be determined by difference of the sum of the L.0.1.. ,MO. 5iO. Fe & Al City of Tamarac Purchasing Division •� r a NON -COLLUSIVE AFFIDAVIT State of Florida ) )ss. County of Polk ) John L. ThompsQn being first duly sworn, deposes and says that: 1. He/she is the Florida Mana er , (Owner, Partner, Officer, Representative or Agent) of Chemical Lime Company of Al 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: By W itnes Witness Printed Name Florida Man?IcTer Title 1 of 2 Non -Collusive Affidavit of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Polk Division On this the 26 day of _ August 2002, before me, the undersigned Notary Public of the State of Florida, personally appgWd ___0 John L. Thompson (Name(s) of individual(s) who before notary) whose name(s) is/are Subscribed to within the instrur�o,,,,,,qn�/)UqMxt �=c acknowledge that he/she/they executed it. M7771 `z BrPhts 17 2005 Bonded Thin WITNESS my hand and official seal. ^'OTARY PUBLIC SEAL OF OQF CE: Ul _Pb and NOTAR UBLIC, STATE OF FLORIDA Elizabeth A. Hart (Name of Notary Public: Print, Stamp, or Type as Commissioned) ta Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, orb DID NOT take an oath 2 of 2 Non -Collusive Acknowledgement of Tamarac 0Purchasing 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 ❑ If "Other", Explain: AuAorizedgnature Chtm Company Name PARTNERSHIP ❑ Mulberry, Florida 33860 City/State/Zip 863-425-0686 Fax Number CORPORATION 0 OTHER ❑ John L. T Name (Printed Or Typed) Federal Employer I.D./Social Security No. 863-425--1544 Telephone John L. Thom san Contact Person 1 of 1 Certification Citv of Tamarac ( %) Purchasing Division 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 881h Avenue Tamarac, Florida 33321-2401 CHECK ONE: ®Corporation ❑ Partnership ❑ Individual ❑ Joint Venture ❑ Other SUBMITTED BY (Company Name) ADDRESS: P.O. Box 1137 CITY, STATE ZIP: Mulberr Florida 33860 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 Nichols Flrorida 33863 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: December 27 1990 Alabama James L Fhl _ Leon --.Derr Lh j st __ f. Treasurer's name Bob N Name and address of Resident Agent John L. *** g. g 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 9 of 3 Bidder's Quslification Statement T City of Tamarac 'p�f Purchasing Division w A 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? 8 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. License - 456-0001594 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 representatives of owners with the most knowledge of work that you have performed or goods you have provided (government owners are preferred as references): NAME Palm Beach County 100 (Karen Risley) City of St. Petersburg (Barbara -Hobbs) City of Kissimmee 1616 (Roger Bihl) ADDRESS East Boynton Beach Blvd. PHONE 561-742r-6322 16015 Racetrack Road 813-920-5312 S. Johh--- Pkwy 407-846--4588 2 of 3 Bidders Qualification Statement City of Tamarac Purchasing Division 10. List the pertinent experience of the key individuals of your organization (continue on separate sheet, if necessary). HenryNelson - 2 - in t-ht- lime Jnrhj-zt-rjz Elizabeth A. Hart 2 years in the lime industry 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 _ Poi k On this the 26 day of August - -, 2002, before me, the undersigned Notary Public of the Pate of Florida, personally appeared .�/f�,� vf,�vscv✓ and (Name(s) of individual(s) who appeared before whose names) is/are Subscribed to within the instrument, d,,he � (e Hart acknowledge that he/she/they executed it. Commission # DD M7771 1 r�� Exylm Sep. 17 2005 WITNESS my hand and official seal. NOTARY PUBLIC - '-;j11 al( I th 0 . /I � I- — NOTA PUBLIC, STATE OF FLORIDA SEAL OF OFFICE;,,,Elizabeth A. Hart `.��pYpU�yr Elizabeth A. Hart (Name of Notary Public: Print, � S commtssto p. 17, 2 05 Stamp, or Type as Commissioned ' K= ExpitEs Sep. 17, zoos P, Yp ) %�i i L--, At3ard icBor�idmgCn , Lx. ® Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, orij DID NOT take an oath � Purchasing Division of Tamarac o �o�� r REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Chemical- Address P.O. Sox 1137 City State Zip Phone/Fax 86_ Agency/Firm Name: Address City State Zip Phone/Fax 94_ _ 941-732-0844 Contact Name Davy_ Agency/Firm Name: Lee Count Address 1 1 5 S . Andrews Ave., Room 21 2 City State Zip Fort Myers, Florida 33902-0398 Phone/Fax 941-339--6260 941-335-21 1 1 Contact Name Cheri J. Alexander Agency/Firm Name: Palm Beach County utilities Address 50 S. Militaz Trail City State Zip- west Palm Beach, Florida 33415 Phone/Fax 561 -61 6-6831 561 -61 6-681 1 Contact Name Agency/Firm Name: Town of Jupiter Address 210 military Trau1 City State Zip Jupiter, Florida 33458 Phone/Fax 561-746-51 34 Contact Name Jon Parsons Agency/Firm Name: Address 1701 1 N E 1 th Av nu City State Zip Phone/Fax 3 0 5 - 9 IB---2-U- - Contact Name Lynn Gri bl 1 of 1 References of Tamarac e Purchasing Division 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: 2. 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. 3. 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. 4. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 5. 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 polo contenders 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. 6, 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. 7. 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. ( Chemical. Lime Cam an A orized Signature Company Name 11 Drua-Free WorkWace �� Purchasing Division cI�r city of Tarnarac T1 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 NA % Total Contractor Contract License No. Subcontractor Name/Add ress IofI List of Subcontractors City of Tamarac tPurchasing Division *** Please see attached*** 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 SIGNATURE Given under my hand and the Seal of the said corporation this day of (SEAL) , 2002. Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. r`cFfifiarl Racnf11tinn JIN.w Geaticmcz� This letter is 10 certiry Lhat the following personnel arc d1:ly zuthorized to execute bid proposals, °airs agree-menrs and price quot--tions on behalf of Chcrmcal Lime Company of Alabama, Inrz. ("CLC"). Oliver Booth jimmy Wcidccback Clayton xullcr Iohn Duarte Iohn Tha=psoa. Kevin F.-.' uay Gc t-allvlr_nagcr Distribution Nfxzager Account Manzgcr 3usincss Dcveloprnent Manager Florida J�istriCt Manager Account Mznagcr Tne =dcrsigned, as Senior vice President of CLC, and President of the zastexn Division of Chernieal Lime Company, CLC's par- z company, has fQ21 authority to siP this letter, on behalf of CLC. Sincerely, CH M- CAL LP,, E CO? DANY OF ALABAMA, --'NC- Sy: F-me, S=icr Vice President rfnl of Tamarac SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND Purchasing Division THIS AGREEMENT is made and entered into this day of , 2002 by and between the City of Tamarac, a municipal corporation, with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and _ ,a corporation with principal offices located at (the "Contractor") to provide for delivery of quicklime pursuant to Bid 02-2713. 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, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid #02- 2413, 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 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 and Bid # 02-27B as set forth below: Contractor shall furnish all labor, materials, and equipment necessary to deliver quicklime to locations specified in the specifications contained in Bid 02-27B. Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 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. 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. 3. Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, 1 of 6 Samp/e Contractor Agreement (-itv of Tamarac Purchasing Division Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 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. Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than days after the date that Contractor receives Notice to Proceed and/or Purchase Order. The work shall be substantially completed no later than , 20 5. Contract Sum The Contract Sum for the above work is Dollars and cents ( )• 6. Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 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. Warranty Contractor warrants the work against defect for a period of one year(s) from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 9. 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, 2 of 6 Sample Contractor Agreement of Tamarac Purchasing Division 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. 10. 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. 11. 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. 12. 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. 13. 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. Sarnole Contractor Agreement City of Tamarac ` , Purchasing Division r CONTRACTOR 14. Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) 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 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. 4ofe Sample Contractor Agreement City of Tamarac Purchasing Division 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 the Contractor and the City. 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 (Name of party with whom Agreement is made), signing by and through its (President, Owner, CEO, etc.) duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date ,Company Name Signature of President/Owner Type/Print Name of President/Owner Date 5of6 Sample Contractor Agreement CitV of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF Purchasing Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of J2002. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 6 of 6 Agreement. Corporate Acknowledcgemeni Uifl'LtJ/U2 l;:al rnJL G1y IDD oGyn Nnn�n L•�n I:��+ '�"�A .�;'' _'f 1' :.�� ',i:� �(j.+•, .i •"%1'"':10Y�,•-: "�.�; �• CERTIFICATE NUMA&RER �•• ���� ..��•fl"fIVt I�R4=.'::�a.,.�;'.'.',,�;. .,.1,.]iiG=,:"�i, .. a�r:..� .. .- '�..•... y •. ...' .. vl.. .•.�. .,F,.,_•i,..^...:,1 Hou-oao17z717_o0ror ,�. -'J.r'�'�3 t.r Abe ., ^i :�i' rn:.:�7► RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER MARSH USA INC TS UPON THE CERTIFICATE HOLDER OTHER IMAM THOSE PROVIDED IN THE El-OUCY- 2100 THANKSGIVING TOWER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 1601 ELM STREET ED BY THE POLICIES DESCRIBED HEREIN. DALLAS TX 75201 COMPANIES AFFORDING COVERAGE CONTACT: (214)-849.5058 SALLY DAVIS cOMPANY /� CO I 44191-01/02 AL MONT AL A CONTINENTAL CASUALTY 14 INSURED COMPANY CHEMICAL LIME COMPANY B AMERICAN CAS• CO. OF READING, PA (CNA) OF ALABAMA ATTN: TERRY LAWLEY ( cOIAPANY i PO BOX 479 C N/A MONTEVALLO, AL 35115 COMPANY D NIA .. ..r ..: .... ...+y.. .,ter..,.,t ..-.....r.�} �. �,+—'•r•r r,..,:•�•<.! i� ., GOV.E, tiES'`'""'',;;�::,`.6.hIS,�,W�rTS.4�AA&•HJ1:l�lP�aR.aOY+Y?46Vbt�Y.;is$fiR.�Ci4�Ifl:fe(Uipoli.. Petla T:6.0 �u.r•�:+'. a,.... •, 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 REOUIREMENT• TERM OR CONDITION OF ANY CONTRACT CR OTHER DOCUMENT VATH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THIi INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY NAVE EEEN REDUCEO BY PAID CLAIMS. COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS LTA DATE (MM/DD/7T) DATE IMMIDO19YI A T ERAL LIABILITY GL 194323341 10101/01 10/01/02 GENERALAGGREGATE S' S2,000,000 IX ICOMMERCIALOENERALLIABILITY PRODUCTS-COMPIOPAGG S S3,000,000 -A CLAIMS MADE a OCCUR I PERSONAL 6 ADV INJURY +S 1,000,000 OWNERS d CONTRACTOR'S PROT I EACH OCCURRENCE I S 1,000,000 VnE DAMAGE ikly Anet—S 50a.0o0 ME EXP A-, 5nc S 5,000 . AUTOMOBILE LIABILITY A 5UA 1 94323385 I10101/01 10/01/02 I COMBINED SINGLE LIM17 � S 1,000,000 A X ANY AVID BUA 1 94323419 TX i 10/01/01 10/01/02 i ALL OwNt❑ AUTOSI I BODILY INJURY I S (Pef Person) SCHEDVLED AUTOS I I HIRED AUTOS I BODILY INJURY (Par xc,".0 S NON-OWNEDAUTOS I I I I i PROPERTY DAMAGE AUTO ONLY • EA ACCIDENT ,g S GARAGE LIABILITY ANY AUTO I OTHER THAN AUIG ONLY; EACH ACCIDENT $ i AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE S 8 UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 194 323 307 I 10101101 10101/02 X TOE L MITS ER $ , EL EACH ActIpENT 500,000 DISEASE-POLICYLIMIT S 500,000$ THE PROPRIETOR/INSEL OFFICERS ARE: EXCL N EL OISEASE•EACI+EMPLOYEE 5DO,000PARTNERSr,XECUTIVE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS (LIM11S MAY 9E SUBJECT TO DEDUCTIBLES OR Rh ILNIIUNs) WHERE REQUIRED BY CONTRACT CITY OF TAMARAC IS ADDITIONAL INSURED (EXCEPT ON WORKERS COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED. Er;::r,I�cci�T;E�;fia�sdER�:��; �:;.;` `_':t:�;;�:;-•-�,:�..:-,,,h,.:1:_ �,:. CITY OF TAMARAC ATTH ALBERTCOHEN 7525 NW 65TH AVE TAMARAC, FL 33321 L k%r.Y • "!r �tis:'T-_--- -•C�' I:s:.�,�- 51 ; • ::nTS.,: ��:.�.,. .-mom _I. ': f�'�. �-�:1:•1�. .:: ccXNCErIa`TI6N'k.c`+;,iy._..+�+itrfru'"�,k SNDULD &NT OF THE POL,CIE9 DESCRM(D HEREIN SE CUNCELLEO REFORE THE ExPPAYION DATE THEREOF, THE y SVRER ArpoRDING COvERAOE WP.1 ENDEAVOR TO MAIL , -An DAYS WRITTEN NOTICE TO THE CER'TIFIGTE HOLOEA NAMED NEFEW. RUT FAILURE TO MAIL SUCH Mr ICE MALL Is DSE NO ORLICATIDN DR LIABILITY OF ANY RING UPON THE NJUREJ1 AFFORDING COVERAGE, R! ACENTS CA REPRESENTATIVE! R ex Cook Reoo k flyM k,.�.,. IIVFCI'tDJ13 1:(8(99,'i{!•#r,.,'_ v££ 32 @9 (22 Di §$)Mm ?§ §� §\(� M EorII oa r >mm a > mo>ee = e - w Mx-3 3= a _ M > > > E ra E o>o _ ow I § =xm -nW2Er m>o § G c ono 33 =. m = o <o, mm a e s 4 �r 2 > • 0Ew rljmm oo n m c - no :3:9 I c o v a &or > E m - o=z z2 c e G a ® w LO ® R \ ) / / o f ON e -n o z o \ . � 0 0 - g = 2 / \ / s / \ \_ ( 7 ¢ \ \ o }b CD2%EZ 22_� 23&/ � wo-0> \/\f »/$// } \ — - ^ES§ \ff/3 = i\ ems® > >M E « - a,z z /am/K \ = az m § % 5 e 2 / / = 2 §z \ z m . . o m 0 o a g Q o # Northbrook tM'%0iS • (6t7) 2724BOO L;gWO.NOWywk•(S18) 271-92D4 Santa Clara, CnWotrtla • (406) 98t2� u[. Underwriters �ebOfatOf�85 Inc.* RosanTnan4ePsrk. North Crno5riU - (91P) VC-140 Cam:s,Wesh1rgOr,•(MO) h174500 CERTIFICATE OF COMPLIANCE CFRTIFICATE NUMBER'. 0303984,H17190 ISSUE DATE: 3 March 1998 1=_sued to: Chernicsl Lime Co. p.0. Pox 12i874 FortVfcrih, Texas 76121-1874 "• import Tefcrence: MH17190' r- i n:3 is ti Czrufy t_rfat rrpre9entative sarnples of: t;aiGium Oxide - From; Alabaster, AL Bancroft, ID Clifton, TX . . Douglas. AZ 1✓ontevallo, AL Langley, British Columbia Peach Springs, AZ North L95 Vegas, NV Ste. Genevieve. MO t Havc bccn investigated by U:tdtru .itcrs I zaoratoric9 Ir:c. in accordance with the Standard s indicated on this Certificate. Standards) for Safety. ANSIINSF Standard 60: O king V�'ater Trestment Chemicsis-Health Effects ".ddltional Information: Category: Softening, Precipitatlon, and pH Adjustment Maximum Use Level: Calcium Oxide 500mgrL On)y those products btu ring the UL Clamiriration ?•larking should be considered rz being covered by UL's I Classif)cntlon at}d Follow -Up Serrice 1 rrking includes: the name "Undv-,ritors Laboratories Inc." the word "Classirted a coatr41 :rile UL Cl1 sifictaion !�ent 10 indicate the extent of UL's evaluation off product; number (may be k]phlsnumeric) assigned by UL; a statem and, the product category name (product identity) ss indicatod in the appropriate UL DirtctOry- i Review Engineer: / Engineer: Underwrite Labor oriel Inc. ndottivritor oratories Inc. 1 `� ' +1*f' • r CHEMICAL LEWE COMPANY OF ALABAMA, INTC. OFFICERS Name Title Jean-Pierre. Berghmans Chairman Leon -Albert Lhoist Vice Chairman Secretary David Al. Reilly President Chief Executive Officer Stephen Barnish Chief Financial Officer Senior Vice President Assistant Secretary Marcelino Rodriguez Corporate Controller Assistant Treasurer Assistant Secretary Ross Staffel Treasurer Assistant Secretary James L. Ehle Senior Vice President Safety Policy for Delivering Lime February 12, 2002 Chemical Lime Company uses Commercial Carrier Corporation to deliver lime products to its customers in Florida. Commercial Carrier Corporation conducts a formal driver training program wherein drivers are trained in techniques for loading and delivering lime products in Florida. Current Policy: • Drivers are trained in the properties of lime and related safety measures for treating exposure before they make their initial delivery. • Drivers are instructed to wear safety glasses, hardhat while discharging lime. • Drivers are instructed to ask for and follow the safety policies of the receiving facility while discharging lime. • Drivers are instructed to discontinue unloading and speak to a supervisor on duty if an unusual or unsafe condition exists in attempt to remedy the unsafe condition and continue unloading. • If an unsafe condition persists, drivers are instructed to discontinue discharging lime, instruct a supervisor on site that the unsafe condition persists, inform his dispatch of the situation, weigh out on the facility scale if applicable, and depart the premises. • Drives are instructed to clean up residual lime that may have spilled during discharge, if any, per customers' requirements or specifications, prior to departing the premises. This information is believed to be accurate to the best of our knowledge. Chemical Lime Company makes no representations or warranties concerning the fitness or purpose of use of is products. Liabilities are strictly limited to replacing defective product. Chemical Lime Company BIDDERS QUALIFICATIONS May 14, 2002 Experience and Training: Chemical Lime Company has been a leading producer and distributor of commercial lime products in Florida and the US for over 60 years. Chemical Lime Company is the principal vendor of lime for municipal water treatment in Florida. Chemical Lime Company products meet the requirements of ANSI/AWWA B202-93. Chemical Lime maintains a technical representative in Florida with backup provided by a complete .vet chemistry QA lab at the site of the Alabama Operations and at the corporate headquarter location in Forth Worth, Texas. References: The City of Boynton Beach; current contract; Ms. Karen Riseley @ 561-742-6322 The City of Tamarac; current contract; Ms. Anne Lodato @ 954-724-2443 Collier County Government; current contract; Ms. Lyn Wood @ 941-732-2667 The City of Jupiter; current contract; Mr. Jon Parsons @ 561-746-5134 Facilities and Equipment: O'Neal uarr , O'neal Alabama — Producing chemical grade limestone for lime manufacture. Lime Manufacturing Plants — Four in Alabama, two in Virginia. Florida Distribution Facilities --- Rail to truck terminal facilities in Fort Lauderdale, Nichols, and Lakeland, Florida. Additional inventory at Brooksville, Florida (Hydrated Lime Plant). Florida Order Center and Technical Services: Nichols, Florida Sales Office: John L. Thompson, Elizabeth A. Hart @ 863-425-1544, Fax 863-425-0686. Service is available at this number on a 24 hour/7 day per week basis, including holidays. Florida Manager: Chemical Lime Company Florida Operations PO Box 1137 Mulberry, Florida 33860 800-695-5657 863-425-1544 863-425-0686 Fax John L. Thompson 863-698-2483 Nextel 863-709-9545 Home ohn.thom son c chemicallime.coin Nichols Terminal (Mulberry Address) Terminal Manger: Chris Tucker 863-425-1727(H) 863-698-2481 Nextel Sales Coordinator: Elizabeth Hart 863-712-0603 Cell 863-619-2423 09) Brooksville Hydrated Lime Plant: PO Box 10448 Brooksville, Florida 352-540-6107 or 352-540-6109 352-540-9424 Fax Plant Manager: Willie WaddN 352-650-83 72 Cell 352-412-8122 Pager # 352-688-18991:nlisted Home # Lead Alan: Lerner Williams 352-412-6001 Pager # 352-540-4890 (H) Fort Lauderdale Terminal: McNab Road Fort Lauderdale, Florida 33999 954-975-0201 954-975-0255 Fax Terminal Manager: Preston Rackard 954-975-0201 Office 158*21*14925 Nextel Calling Code Lime Manager: Henry Nelson 954-975-9875 954-975-9876 Fax 305-609-0280 Cell 305-620-8292 If no answer on cell Commercial Carrier Dispatch Mulberry: 863-428-0500 Weekend On Call Number -- 863-559-7029 John Johnson 863-635-6067 Home 863-559-5367 Cell Brooksville: 800-342-4019 or 352-796-5145 Sonny 352-793-6267 Home if no answer: Debbie Tally 352-279-8580 cell. Pompano: 954-970-0442 or 800-331-1042 Walpole 1-800-741-6800 813-623-1702 800-741-1609 On Call Number C7 (7 C7 C� C_7 n n C� (7 C7 C7 C7 (7 C7 n o o n n OJ W W W _n 0 0 0 0 0 Q O 0 0 0 0 0 0 O O O -- c c c--u o K K r o 0 0 0 ° 0 0 a a ca a 3 D 3 q �' a= m� P-� m © w O 0 0 0 0 y N N(D D.r N w Q w O n w r N r w m (D m cn m c O c D c 3= c '� n 00 77c r m SO O aaaa' � ci z W m CL —° m m m m CO 5' _ I I I I t7 pmj a s w w N m n m (D N m m m m m .� � N � b 'D Po V co i cn GD �I A w W C] V w 0D A N W i O N C7 W A N i �, j (D TI C' W M W V W 0 W m i N A W C? A O (p _ rn i o 0 0� M� m m Q C) W CD w W Q 0 0 Z C) Z 0 z r ro � 0 O C7 0 (VD 0 — z tncnmQ r�cn {z= O O © �o cwjnzzzzizcnzz i v N_ { Cn 3 m '� U �+ W L V C CO 0 A cn Q w ((DD (D F S p (AO =r0 � m j � A w Cn A � 0 0)X (D -I � CD W��= v+1 m@,? .+ C m (D C C L W A w a C c C m C w m m O C) CD (D m Q CD n i a� m 0 r r .. w m-u- cw) m C c. rn (r 0 Z p� m c c c ,.. O c -4 C �a v -Oz- m m � mQ m CD m �a�o 0 5. �o 3 3� ari ° m i cn c m© O 0 °m �7 " 0 a w CD' m r (n' w a cr I- w �, LO c CL n co C� w> m' (D (gyp w r w w m a y v 0 m o� Co M c w� m� m 0 °' m cn r m m m (o n w co_ m w v w Q CL w � � O m O coCD m N c) � a Cl) a w r V r v' co (o w a nri 77 CO) �' m w �� c n a, CD w m a w c m a w a ro w CD N N i Cn A A � N i w U'i w i M i W cn i Cfl N� i Q) A Q N 0) cn z > Z 0 CD Ap N 0 C7 0 m C7 0 C] (Mn 0 p N 0 W N A C7 CD Cn 0 0 � C7 M 0 L 0 CD CD C) C] C5 C7 �� Li C 0 0 0 0 0 C7 cn CD 0 C] CD Q 0 0 0 0 m y r — OD — co 0 — co c`o 0 I M I Co 1 Co I M I COao I CO I 00 I 0o I cD I co 1 0 I o I m I o I ao I CA I — cD I — co I m (� W N I W I W I W I W I W w W W i i W W w W co W W w co W w W co W �... m o co o co 0o 0 o N N co N co 0o co co o 0o co coo 00 co m n �ma25m r i i .� Q i C) ^.-�, 0 0 i '1 C7 CD 0 CD `? i i � C7 0 C F- . o i,> w co w a) 0) ca rn ao 0)rn CA) w w c(A)i OD s oo i s rn w w w CA GD Cn w w cCA)w() oD aD co w rn w rn (a Cn is rn , ,1 0w r Z m 0 co oD cn r vCl)3 m �rn j> N N N N N N N N N N N N N N N N N N N N N N N w C r 3 IN o W w w G) -• (G) C] w wcn cn W W w (A)W w 0 i wW (A) W m 0 nl 0 C5 0 CD cn cn U .0 cn cn Cl 0 cn cn cn CD CD CD rn cn CD CD C7 0 z X O c vim 0 AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, INC. THIS AGREEMENT is made and entered into this 6e day of , 20 d •''-- 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 P.O. Box 1137, Mulberrry, Florida 33860 (the "Contractor") to furnish, deliver, and discharge quicklime. 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. 02-27B to Furnish, Deliver, and Discharge Quicklime (General, Supplementary and other Conditions), drawings, 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 02-27B as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to furnish, deliver, and discharge quicklime indicated by the specifications or as required to properly complete the project as directed. b) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Work shall be by a licensed contractor and crew with at least three years of verifiable full-time experience with projects of similar nature. c) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. d) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. City of Tamarac tO A9L t Purchasing Division P R1 e) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. f) 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. g) 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. 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) Time of Commencement and Substantial Completion The term of this Agreement shall be for an initial one-year period beginning October 15, 2002 through October 31, 2003. 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. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. 5) Contract Sum The Contract Sum for the above work is $111.38 per ton delivered. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 02- 27B Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant. 2 of Tamarac Purchasing Division t F,. 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 the job. 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. 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. 3 A of Tamarac ~ Purchasing Division 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. P.O. Box 1137 Mulberry, Florida 33860 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 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. City of Tamarac 16) Venue Purchasing Division 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) Severabiiity; 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 of Tamarac Purchasing Division 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 Chemical Lime Company of Alabama, Inc., signing by and through its Florida Manager, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk CITY OF TAMARAC 01 Schreiber, Mayor ia/i/02" Date Jeffrey L. � ill , City Manager Date: a// / a ?-- _ r'O/W-0 � _ Apr ed a o form and legal sufficiency: Date ;' r�. //� I C� 3 '/d t.. i ell S. ra , it Attorney ATTEST: Chemical Lime Company of Alabama, Inc. (Corporate, Secretary) ( gnature of Florida Manager) /}Ss�STit�v T '&' /V'Oks. 'Jl ) John L. Thompson Type/Print Name of Corporat5 Secy. Type/Print Name of Florida Manager ASV9'r19W1- `l -//- b (CORPORATE SEAL) Date of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF — : Purchasing Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 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. 1 WITNESS my hand and official seal this '? day of oA Ic , 20�. rr ra D �h r Signature of Notary Public State of Florida at Large �, r Print, Type or Stamp Name of Notary Public Elizabeth A Hart commission #Dn05 M 19/ Personally known to me or .4 Enj,, Sep. 17, ❑ Produced Identification Bonded Thm Aflanhc $on fig Ca, Im Type of I.D. Produced ❑ DID take an oath, or Lj DID NOT take an oath. 11 Nonhbrook,Imnols-(847) 272-8800 Mewo,NawYork -(5t8) 271-82M U� Underwriters Laboratories IncSanta Clara, Calltornla4(408) sag-24c fiessarm Triangle Park, North CYro11r+A • (910) 5d9-1AOO Cama6,Washlrgon-(380) 8174500 CERTIFICATE OF COMPLIANCE CERTIFICATE NUMBER: 030398-MH17190 ISSUE DATE: 3 March 1998 issued to: Chemical Lime Co. P.O. Box 121874 Port Worth, Texas 78121-1874 R.eport..Reference: MH17190 This is t4 Certify twat representative aarnples of: Calcium Oxide From: Alabaster, AL Bancroft, ID Clifton, TX Douglas. Az Montevallo, AL Langley, British Columbia Peach Springs, AZ North Las Vegas, NV Ste, Genevieve, MO Have been investigated by Underwriters Laboratories Inc. in accordance with the Standard(s) indicated on this Certificate. Standard(s) for Safety: ANSI/NSF Standard 60: Drinking Water Treatment Chemicals -Health Effects Additional InforTnation: Category. Softening, Precipitation, and pH Adjustment 9 Maximum Use Level: Calcium Oxide 500mg/L Only those products brsiriag the UL Cla-t ificetion Marking should be considered as being covered by UL's I rL.Mificndon and Follow -Up Service 'Phe UL Classification Marking includes: the name "Underwrimrs Uboratnries Inc." the word "Classified' ; ty GQ1 number (may be alphanumeric) assigned by UL: s swernsw to indicate the extent of UL's evaluation off to i and, the product category name (product Identity) as indicatod in the appropriate UL Directory. En ineer: Review Engineer: a Underwrite Lahor Dries Inc. t ndorwritor oratories Inc. t %79 ►rW cn7. TZt 10 N�=