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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-290J Temp Reso # 9542 Page 1 September 17, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001 - 290 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE FIRST RENEWAL OF THE CONTRACT WITH CHEMICAL LIME COMPANY FOR A PERIOD OF ONE YEAR, BASED ON BID #01-02B ENTITLED "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" AND ISSUED ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, AT A PRICE INCREASE OF $1.06 PER TON EFFECTIVE JANUARY 1, 2002; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 11, 2000, the City awarded Bid #01-02B to Chemical Lime Company to furnish, deliver and discharge quicklime by Resolution R2000-268, a copy of said resolution is attached hereto as Exhibit 1; and WHEREAS, Section 1 of the Technical Specifications of Bid #01-02B, entitled "Purpose of Bid" provides for a contract term of one (1) year, with four (4) additional one (1) year extensions upon mutual agreement of both parties, a copy of said bid is attached hereto as Exhibit 2; and WHEREAS, the City of Tamarac and Chemical Lime Company have agreed to the first renewal extension of the contract, for the term 10/15/2001 through 10/14/2002; and Temp Reso # 9542 Page 2 September 17, 2001 WHEREAS, Chemical Lime Company has provided written agreement to the one-year extension, with the proviso that the lime price increase to $96.86 per ton, an increase of 9/10th, of one percent (.9%) and that truck freight rates increase by 3%, for a maximum total increase of $1.06 per ton, effective January 1, 2002, a copy of said letter is attached hereto as Exhibit 3; and WHEREAS, the price per ton increase of $1.06 is within the 5% limit allowed under Bid #01-02B, Special Conditions, Section 3: Pricing, and Chemical Lime Company has complied with the terms stating that the request for price increase must be in writing and accompanied by documentation to substantiate said increase, copies of said documentation are attached hereto as Exhibit 4, and WHEREAS, sufficient funds are available from the Utilities Department Operating funds; and WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing and Contracts Manager that the contract with Chemical Lime Company be renewed for a period of one year and that the price increase of $1.06 per ton, effective January 1, 2002, be approved; 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 authorize the renewal of the contract with Chemical Lime Company based on Bid #01-02B, "Furnish, Deliver and Discharge of Quicklime", and to approve the price increase of $1.06 per ton, effective January 1, 2002. 1 1 1 1 Temp Reso # 9542 Page 3 September 17, 2001 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: That the appropriate City officials are hereby authorized to renew the contract between the City of Tamarac and Chemical Lime Company for a period of one (1) year as provided in Bid #01-0213 and to approve the price increase of $1.06 per ton, effective January 1, 2002. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp Reso # 9542 Page 4 September 17, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 10t" day of October, 2001. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this R 19OLUTION as to form. ITCHF-LL S...KF CITY ATTORN M I WUMNA191011 �!wiz - G tfq�Lg . • .- RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ,4 M DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN A er DIST 3: V/M SULTANOF A e/ DIST 4: COMM. ROBERTS A el EXHIBIT 1ITEMP RESO #9542 Temp Reso # 9156 Page 1 October 4, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2000- A 6 k A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID #01-02B ENTITLED "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" FOR A PERIOD OF ONE YEAR WITH FOUR ADDITIONAL ONE YEAR OPTIONS TO RENEW, ISSUED ON BEHALF OF THE BROWARD COUNTY GOVERNMENTAL COOPERATIVE PURCHASING GROUP TO CHEMICAL LIME COMPANY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CHEMICAL LIME COMPANY AS PART OF SAID AWARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac served as "lead agency" for the Broward County Governmental Cooperative Purchasing Group bid for the "Furnish, Deliver and Discharge of Quicklime" for a period of one year with four additional one year options to renew and fourteen governmental agencies will utilize this bid to purchase more than 59,000 tons of Quicklime; and WHEREAS, the City of Tamarac publicly advertised Bid #01-02B for the "Furnish, Deliver and Discharge of Quicklime" in the Sun -Sentinel on September 17th and September 24th, 2000; and Temp Reso # 9156 Page 2 October 4, 2000 WHEREAS, twenty two (22) vendors were solicited and four (4) no bids and two (2) bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and WHEREAS, Chemical Lime Company submitted the lowest responsive responsible bid at a price of $ 102.26 per ton, a copy of the Bid and tabulation being hereto attached as Exhibit "A", 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/Contracts Manager that Bid #01-02B for the "Furnish, Deliver and Discharge of Quicklime" be awarded to Chemical Lime Company for a period of one year .with four (4) additional one (1) year renewal options, as the lowest responsive and responsible bidder; 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 authorize the award of Bid #01-02B for the "Furnish, Deliver and Discharge of Quicklime" to Chemical Lime Company on behalf of the Broward County Governmental Cooperative Purchasing Group. 1 1 1 Temp Reso # 9156 Page 3 October 4, 2000 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 #01-0213 for the "Furnish, Deliver and Discharge of Quicklime" to Chemical Lime Company on behalf of the Broward County Governmental Purchasing Cooperative Group, a copy of Bid 01- 02B attached hereto as Exhibit "A", is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Chemical Lime Company as part of said award, a copy of which is attached hereto as Exhibit "B". SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. 1 1 1 Temp Reso # 9156 Page 4 October 4, 2000 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this %/ day of ATTEST: N� MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I Have approved this RESOLUTION as to form. MITCHELL S. KRAF CITY ATTORNEY Sv' 2000. FFIA'110111.lii.:. . , w • ` R---- MAYOR I • r ♦ • r r r r ► ..w EXHIBIT 2 TEMP RESO #9642 REQUEST FOR BID 1 A :i 0 No-::� TA t:['r �,Zd R i-9 1 i1_1,e1=11mi i, FURNISH, DELIVER AND DISCHARGE OF QUICKLIME FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW SR H A �7T'Arrr ...� 1r.w M 1 .1 T AMARAC, FLORIDA 33321-2401 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tomarac.org CITY OF TAMARAC INVITATION TO BID BID NO. 01-02B 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, October 4, 2000 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 Broward Governmental Cooperative Purchasing Group. 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. 01-028, Furnish, Deliver and Discharge of Quicklime opening on Wednesday, October 4, 2000 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. Anne M. Lodato, CPPB Senior Buyer Publish Sun Sentinel: Sunday, 9/17/00 Sunday, 9/24/00 Equal Opportunity Employer BROWARD GOVERNMENTAL COOPERATIVE PURCHASING GROUP (BROWARD CO-OP) TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Broward Governmental Cooperative Purchasing Group. 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. Broward Cooperative Purchasing Group Procurement 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 Broward Governmental Cooperative Purchasing Grou are strict)prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Broward Co-op members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Co-op members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. BROWARD CO-OP "WORKING TOGETHER TO REDUCE COSTS" 2 INVITATION TO BID BID NO. 01-02B FURNISH, DELIVER & DISCHARGE OF QUICKLIME Following is a list of the agencies participating in this bid, their respective delivery locations and the estimated usage per year. AGENCY DELIVERY CITY/STATE CONTACT PHONE TONS ADDRESS /ZIP Broward County — 3701 N State Road Lauderdale Rosario 954/357- 2,600 1AW&P 7 Lakes, FL 33319 Gamez 6087 Broward County -- 139 NNE 50th Pompano Beach, Rosario 954/357- 4,000 2AW&P Street FL 33064 Gamez 6087 Broward County — 4980 SW 40th Ft. Lauderdale, Rosario 954/357- 800 3AW&P Avenue FL 33312 Gamez 6087 Broward County -� 2401 N Powerline Pompano Beach, Rosario 954/357- 600 D-4W&P Road FL 33069 Gamez 6087 City of Coral 3800 NW 85th Coral Springs, FL Ray Mathias 954/344- 5,200 Springs (1) Avenue 33065 1103 Town of Davie 3500 NW 76th Davie, FL 33314 Herb Hyman 954/797- 654 Avenue 1016 Town of Davie 3790 SW 64th Davie, FL 33314 Herb Hyman 954/797- 240 Avenue 1016 City of Deerfield 360 Goolsby Blvd. Deerfield Beach, Donna 954/480- 3,500 Beach FL 33442 Council 4380 City of Fort Fiveash Plant Ft. Lauderdale, Marsha Perri 954/761- 10,500 Lauderdale 4321 NW 91h Ave FL 33309 7816 City of Fort Peele-Dixie Plant Ft. Lauderdale Marsha Perri 954/761- 1,600 Lauderdale 1500 S State Rd 7 FL 33312 7816 City of Fort G.T. Lohmeyer Ft. Lauderdale, Marsha Perri 954/761- 3,500 Lauderdale (2) 1765 SE 18th St FL 33316 7816 City of Hallandale 215 NW 6th Hallandale, FL Hal Elsassu 954/457- 1,605 (3) Avenue 33009 1610 City of Hollywood 3441 Hollywood Hollywood, FL Tom Fenton 954/921- 3,400 Blvd. 33020 3290 City of Lauderhill 2001 NW 49th Lauderhill, FL Ruby Levy 954/730- 1,825 Avenue 33313 3044 City Of Margate 1001 West River Margate, FL Connie Guzzi 954/972- 2,400 Drive 33063 6454 City Of Miramar 2600 SW 66'h IMiramar, FL Maggie 1954/967- 500 Terrace 133023 Palomino 1550 3 AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE TONS City Of Pembroke Pines 7960 Johnson Street Pembroke Pines, FL 33026 Dave Fitzgerald 954/450- 6918 3,500 City of Pompano Beach 301 NE 12th Street Pompano Beach, FL 33060 Leeta Hardin 954/786- 4098 4,440 City of Sunrise 4350 Springtree Drive Sunrise, FL 33351 George Wood 954/572- 2275 5,000 City of Sunrise 8700 SW 19th Place Davie, FL 33324 George Wood 954/572- 2275 1,200 City of Sunrise 15400 Watermill Road Davie, FL 33331 George Wood 954/572- 2275 240 City of Tamarac 7803 NW 61st Street Tamarac, FL 33321 Anne Lodato 954/724- 2450 2,000 TOTAL TONNAGE ALL LOCATIONS 59,304 TONS TOTAL OF 22 DELIVERY LOCATIONS 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. The Agency responsible for issuing this bid is the City of Tamarac, Florida. Thank You, /Mm"i Anne M. Lodato, CPPB Senior Buyer ACKNOWLEDGED BY: Company Name Authorized Signature / Title 4 CITY OF TAMARAC INSTRUCTIONS TO BIDDERS BID NO. 01-02B 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, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, ON: Wednesday, October 4, 2000, 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 City 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 packet. 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 in this bid. The Bidder shall submit one (1) ORIGINAL and TWO (2) copies (blue forms only) of the bid. The ORIGINAL bid must be manually and 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. 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 City Purchasing Office. 5 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. CITY considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 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 matte 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. 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. [*I 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 contractor 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 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. 7 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 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 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 which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Commercial General Liability $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Aggregate $1,000,000 9 Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self - insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 23. INDEMNIFICATION. The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, 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. 01 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 a tabulation be sent to their fax machine. 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. 10 SPECIAL CONDITIONS BID 01-02B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME I. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified vendors, 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 on approximately October 31, 2000, or as close to that date as possible pending award of the bid 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 annuals needs 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. To assure continuity of supply, it is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. 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 warrant such determination. Bidder shall submit with bid, a complete history of all citations and/or violations, notices and dispositions thereof. 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 notice of any citation or violation which Bidder may receive 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. 11 3. PRICING Freight 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. If freight rates, including rail, are advanced during the contract period the City will accept claims for freight adjustments. To qualify for this adjustment vendor must complete THE FUEL ADJUSTMENT CONTINGENT. Price adjustments during contractperiod: No price increase will be accepted during the initial contract period with the exception of fuel and rail rates. Renewal terms allow for a request for an increase at the time of renewal based on Vendor's freight cost increase not to exceed 5%. A written request must be submitted to Purchasing for approval of any increase prior to renewal but no later than Vendor's concurrence to renew, accompanied by Vendor's documentation to substantiate need for price increase. 4. BASIS FOR ADJUSTMENT OR REJECTION The City reserves the right to reject, at the Vendor's expense any shipment which fails to meet the specifications listed herein. The Vendor shall be given twenty four hours after notification of any such failure, to select and arrange for an independent laboratory to analyze one (1) of the retained samples from the shipment. 5. DAMAGE TO EQUIPMENT If it is determined that the Vendor has shipped product other then specified, and damage results to any equipment, the Vendor shall assume full responsibility for the cost of repairs. 6. DELIVERY Bidder shall agree to: A. Meet a 24 hour day, seven days a week delivery schedule. 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 pound air tight sample must accompany each shipment. D. The product shall be delivered to the designated facilities and discharged pneumatically by the vehicles operator into the storage tank. 12 E. The risk of loss, injury or destruction, regardless of the cause of the casualty, shall be on the Vendor until the delivery of goods to the designated location within the City. Title to the goods shall pass to the City upon delivery and acceptance by the City. 7, INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. & INSURANCE Bidders shall submit copies of their current insurance certificates with the bid. Failure to do so may cause rejection of the Bid. 13 TECHNICAL SPECIFICATIONS BID NUMBER 01-02B 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) Slaking Rate Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide(CaO)Content Shall contain a minimum of 92% free lime. (C) Residue After Slaking Residue shall not be more than 2% by weight on 100 mesh sieve. (D) Sampling Procedure 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 air tight containers to minimize contact with air. This ten pound sample shall be used for testing. The sample will be quartered and each of the four (4) portions shall be placed in air tight containers. One portion will be used by the City laboratory for analysis. Two of the portions will be set aside for the use of the Bidder and a referee laboratory in the event of a dispute. The fourth portion will be used by the City in the event of a dispute. (E) Testing Procedures a. Slaking ate As covered in AWWA Specifications, B-202-93, Section 5.4. b. Calcium Oxide As covered in AWWA Specifications, B-202-93, Section 5.3.2[2] under Rapid Sugar Method for determining available lime index. G. Residue After Slaking As covered in AVWVA Specifications, B-202-93, Section 5.5 except with a US No. 100 sieve. (F) Three Pebble Sizes Required Agency to specif) a. Pebble size shall be between 1/8" and 3/8". b. Pebble size shall be between 3/8" and 1/2". C. Pebble size shall be between 3/8" and 3/4". 14 55 Chemical Lime A LhorSt Group Company August 30, 2001 Ms. Anne Lodato Purchasing and Contracts Manager Broward Governmental Purchasing Group c/o The City of Tamarac 7525 NW 881h Avenue Tamarac, Florida 33321-2401 VIA FACSIMILE Dear ivis. Lodato: EXHIBIT 3 TEMP RESO #9542 This letter is in response to your inquiry concerning the renewal and extension of our Lime Supply Agreement with the Broward County Purchasing Group. A hard copy will follow via US Postal Service. Our Lime Supply Agreement with the Purchasing Group provides for contract renewal allowing freight increases not to exceed 5% annually. Chemical Lime Company will incur a truck freight increase of 3% and a rail freight increase of $0.86 per ton. both effective January 1, 2002. A letter from Commercial Carrier Corporation outlining the details of the increase is attached, as well as a similar letter from CSX Transportation referencing the rail rate increase. The current lime supply agreement provides for a lime price of $96.00 per ton plus freight to the various locations. The $96.00 lime price includes rail freight from the point of manufacture to our terminal in Fort Lauderdale. My management informs me that Chemical Lime Company will agree to renew with the Purchasing Group with a time price of $96.86 per ton, reflecting the $0.86 per ton rail rate increase from CSXT effective January 1, 2002. This is an increase of .9% (nine tenths of one percent). Truck freight rates will increase 3% on each of the identified freight rates stated on the existing contract on the same date. A table of the truck freight changes is shown below: Old Rate New Rate $5.34 $5.50 $6.26 $6.45 $6.70 $6.90 The maximum total increase ($0.86 rail, plus $0.20 for the highest truck freight increase) is $1.06 per ton, about 1%, well below the 5% that our contract allows. Chemical Lime Company P.O. Box 1137, Mulberry, Florida 33860 Phone : (800) 695-5657 Fax : (863) 425-0686 We are very interested in how the Purchasing Group will proceed, and I would appreciate your earliest communication on your recommendation to the Group. If you have any questions, please call. As always, Chemical Lime Company appreciates your business. Very truly yours, CHEMICAL LIME COMPANY L, ohn L. Thompson Florida Manager Cc: M. Oliver Booth, Chemical Lime Company Attachments A0. ill, Ml 2:15PV CORPORATE %0. 7317 P. 2 EXHIBIT 4 TEMP RESO #9542 Commercial Carrier Corporation 509 Highway 92 East P,O. Drawer 67 Auburndale. Fl. 33623 663 967.1101 August 31, 2001 Chemical Lime Company Mr. John Thompson PO Box 1137 Mulberry, FL 33860 Fax: 863-425-0686 Dear Mr, Thompson In order to continue providing safe and reliable truckload transportation services to your organization, Commercial Carrier Corporation will be implementing a freight rate increase on January 1, 2002. This rate increase is intended to minimize the burden of increased costs currently imposed on the trucking industry, such as driver wages, regulatory compliance and insurance premiums, In order to assist you with business forecasting for the corning year, please accept this correspondence as notification of a three percent (3%) increase for those freight rates contained in Schedule 33-B. The existing fuel surcharge program will remain in cffect. Commercial Carrier Corporation values your business and appreciates being selected as a transportation partner for Chemical Lime Company. If you have any questions, please do not hesitate to contact me. Sincerely, Douglas C. Coleman Director — Marketing & Information Systems cc.- Bud Coleman Charlie Price Jim Breadwell Judy Pridmore Lew Wilkinson A COMCAR INDUSTRIES COMPANY unu I -mL L1 0l (FRli 10: 44 rdX•LVD CSX TRANS MATION 111. 9ul it0 400D EXHIBIT 4 TEMP RESO #9542 ag Stqn Shepherd Senior Account nnnn00el August 31, 2001 Mr. Oliver Booth Chemical Lime Company 31 Inverness Center Parkway Birtning;tarn, AL 35242 4100 A'phU 1800 Datax.TK 752d4 Dear Oliver: EII'fedive ianuarY 1, 2002 through December 31, 2002, the rm on lime from Calera, Alabama to Ft. Lauderdale, Florida, now covered in CSXT-C-69481, will increase by S•86 per ton (based on 100 net ton loading) in a sYSlern covered hopper. Please advise if you have any questions or nerd additional tnformatton. Sincerely. Stan Shepherd Senior Account Manager ,act 01 01 10s47a Chemical Lime 86342La068B — •v, vV rnA ciq lot,OtIYt4 P • 1 MARSH USA INC il�t" Lw�aeLLT.Y zl., IZ002/003 PRODUCER • 'v�++¢n1�Ia9 i9«L MARSH USA INC 2100 THANKSGIVING TOWER 160 T ELM STREET DALLAS TX 75201 144191--•01/02 CON FACT: (214)-949� f05g SALLY DAVIS INSURgp AL MONT AL CHEMICAL LIME COMPANY OF ALABAMA ATTN: TERRY LAWLEY PO BOX 479 MONTEVALLO, AL 35115 , CEATIF}CATti NUMBER J: v H t THIS CERTIFICATE M ISSII90 AS A MATTER OF INPOIIMATNNI ONLT ANO CONil NO RIGHT$ UPON THE CHRTIFICATH MOLDER WHEN THAN THOSE PROVIDED IN THE POUCT, THIS CERTIFICATE DOES NOT AMEND, ENTEND OR ALTILR THIS GOVERAGC APFORDED By THCPOLICIESOESCIUSEDH4REpt, COMPANY - • / RJIr A CONTINENTAL. CASUALTY CO I COMPANY ® AMERICAN CAS. CO, OF RHAD(N(i, PA (CND) J COMPANY C N/A COA/PAMY 0 TR6 10 TO CERTIFY TWAT�POLICIf;lS OF LHSURANCE1PIUM 1: ' lwl _ DE.9CRIBEO NQRLcW HAV H6EN ISSUED TO T►Ia IIVSURiA NAMED FIER4M1 t•OR THE PQLICY PERI00'E4DICATEp. PERTAIN. THE INSURANCE AffDgbEO 6Y 7► POLICIES DESCRIHL:ANFIEREE TRACT OR OTHER CT TO ALL T' NT C CUINGII7 WITH RESPECT N WHICH S CERTIFICATE MAY BE ,&SUES OR My WN IW1Y F+AVE DCpN RF_OtICEO BY PAIQ CLAIMS. Or►DITTDNS AND (sJ(GLV9ION$ OF SU[AL POLICIES, LNAIT$ EHOWN CO LTR TYPE OF INSURANCE PDUCY NUMSRR POLICY EFFECTIVe POLICY E%PIRIITIOH A GENERAL LM.BLUTT DATE IMM/pDryy) OATS @IMIOD"I LOUTS 10/Oi/D2 GL 104323341 10/01/01 X COMMERCIAL GENERAL LIABILITY GENERAL A GAYE $ 32.000,000 CLAIMS MADE OCCUR PR - COMPIOP AGG 3 S3.00O,OpO OwNef 'B 6 CONY RACTORS PROT PERSONAL &ADV INJLNK S 1,000,000 CHOCCURRENCC $ 1,000,p00 q AUTOMOBILE LIABILITY FARE Imrm S 50Q000 A x AN AUTO RUA 1 94323385 10/01/01 BUA 1914,32341 D ns n 5 51000 ALLOWNLDAUTDS WNII TX 1 10/01/02 COMINNED SINGLE LIMIT 5 1,000.000 SCNCDULEO AUTOS HIRED AUTOS • �••I� /� BODILY INJURY (t PNson1 s �w�i�.Ab of NDN•OWNEO AUTOS e� LNJURY (Pk IPW fie AeelySn()$ GARAGE LIA@IUTY - PROPERTY DAMAGE f ANY AUTO 1lsliw . • .. _ AUTO ONLY • RA ACCIOEN7 S gTHFiR THAN AUip ONLY: • •° I:. EXCESS UAOIUTV H ACCIO T s AGOKGATC S UMBNE'LLAFORM EACH CURRENCE ,S OTHER THAN UMBRELLA FORM '/' �y ed Signature AGGRWATE $ B W RNPIOrERS tJABwTv W 18A3233 / t0lO1/01 $ X 10/01/42 x r 11ARTROPR16cRCL IMCI PARTMERSItDf6CUTIVE ELEACNACCIDENT S 1,000,000 DffICE741ARC: UOR A' SE-POLICYLIPAT $ 1.000,t)00 EL 113132,il -EACH EMPLOYEE S 1,000,000 usac;KlP ICON OF OPERATION ITEMS ITEMS (LIMiTe MAY BE SUBJECT TO OEDUCTtB1J!S Oq RETENTIONS! WHERE REQUIRED 8Y CONTRACT CITY OF TAMARAC IS ADDITIONAL INSURED (EXCEPT ON WORKERS COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED. OHOUtq ANV OP THE ►'OLCIla oRR1=R1aRD MCIIiW E[ CANOCIL(p •SI011R ��._•�::7nt3•R'.^j:S.L'.,.� TMR ElvgmnCN CAR tNtREOF, CITY OF TAMARAC YwE INd11114R AF9011WNC CovEIRACE WLL ENOCAVOR Tq MAIL �' p DAYS WR NpRICE TO THE DIREATTN TOO OF J FOY CeRnFICArt! NOLpp1 NAMED NEAlM, 81 tALURE TO AMR. Sup, .pna WALL IAWOa! NO.10ATION DR DIRECTOR OF UTILITIES 7525 NW 60TH AVE LIAIILItY OF ABLY NINO UPON THE RAIInEA ASFOROINO COVERAGE, Ri Ar,ENri OR AEPREaSNuArn , TAMARAC, FL 33321 Rex Cook r*=1 a Mon. Oct. 1, 2001 If d .... - ontinenta asua y ompany I�+ Member of CNA Insurance Companies 1^nfew, ii*roPejiti ,ryem`e A.M. Bast #: 02128 NAIC #: 20443 orAitilt: Sat' ii ber;; View a list of group members or the rou 's rating Bests Rating I ENES A (Excellent)` More Search options Financial Size Cate o ry XV ($2 billion or more) "Rttln C_r gs as of 10/1/200110:48:29 AM t:.S.1:.... or purchase the complete Best's Com an Re ort f°"� or in-depth analysis. Rating Category (Excellent): Assigned to companies which have, on balance, excellent financial strength, d... ,,.;,. operating performance and market profile when compared to the standards established by the A.M. Best Company. These companies, in our opinion, have a strong ability to meet their ongoing obligations to policyholders. 5@►II''It�.�►IiL•'::,. f1'larttl� Bests ahngs re ect our oplmon based on a comprehensive q1 LEI 11 ative an qualitati ....... ...::.,.. evaluation of a company's financial stren th operating p g performance and market profile. The Accessing the pages ratings are not a warranty of an insurer's current or future ability to meet its contracts on ambest.com obligations. (Bests Ratings are proprietary and may not be reproduced without permission frc constitutes the user's A.M Best.) agreement to our terms of use; In ortnation collected The rating symbols "A++", "A+" "A", "A-", "B++", and "B+" via this Web site is are registered certification marks of the A.M. Best Company, Inc. protected by our rlvac statement; Comments or concerns Best's Security Icons are awarded to Secure rated (A++ A+, A, A_, B++, B+) companies. 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Oct. 1, 2001 LA R C H,11101- ' orA,lYf..B�irt Iyumis� , More Search Options arlcf3; JII.':: Sid u.,man: ts Accessing the pages on ambest.com constitutes the user's agreement to our terms of use; Information collected via this Web site is protected by our rivacy statement; Comments or concerns should be directed to our customer service group; For other matters refer to our contact us page. uzllr - American Casualty Company Reading, PA Member of CNA Insurance Companies A.M. Best 0: 02127 NAIC #: 20427 View a list of roup members or the rou 's rating 3' Best's Ratin 1A ENEST A (Excellent)* Financial Size Cate o XV ($2 billion or more) 'Ratings as of 101112001 10:48:29 AM E.S.T. or purchase the complete Best's Com an Re ort for in-depth analysis. Rating Category (Excellent). Assigned to companies which have, on balance, excellent financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Company. These companies, in our opinion, have a strong ability to meet their ongoing obligations to policyholders. est s atmg I re ect our opm on ased on a compre ensive quantltative an qua ItatIM evaluation of a company's financial strength, operating performance and market profile. Thes( ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. (Best's Ratings are proprietary and may not be reproduced without permission frorr A.M. Best.) The rating symbols "A++" "A+" "A" "A_" "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+) companies. This special emblem displays their rating and category (Superior, Excellent, or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to register online. 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